National Labor Relations Board Ruling on Joint Employer Liability

On December 14, 2017, in Hy-Brand Industrial Contractors, Ltd., the National Labor Relations Board (“NLRB”) overturned an Obama-era rule that held employers potentially liable for labor-law violations committed by their franchisees and subcontractors absent direct control over the terms and conditions of employment.  Prior to the decision in Hy-Brand, a corporate employer  could be held liable as a joint employer for labor law violations committed by a franchisee, even when the corporate employer did not exercise control (direct or indirect) over the terms and conditions of employment.  The NLRB returned to its past standard, and found that the “essential element” for determining whether two entities are joint employers, thus jointly and severally liable for labor law violations, is whether they exercised joint control over the essential terms and conditions of employment, and whether the control was direct and immediate.

While the new rule is much more employer friendly, employers should still take precaution in addressing whether they are joint employers for purposes of labor law violations.

Attorneys from Carr Allison’s employment team are available to assist with any questions about how this new ruling applies to your company, as well as steps to take to proactively protect your company from joint employment claims.

News

Carr Allison Attorneys Published in USLAW Magazine Spring Issue

USLAW NETWORK, Inc., has published two articles by Carr Allison attorneys in the Spring 2019 issue.  Construction attorney Thomas S. Creel’s article “Six Cutting Edge Technologies to Improve Safety on Construction Sites” takes a close look at new technology being used in the construction industry to enhance safety for workers […]

Learn More

Carr Allison’s Oliver and Vickers Elected into FDCC

Carr Allison is proud to announce that Thomas L. Oliver, II (Birmingham, AL) and Heath L. Vickers (Jacksonville, FL) have been elected as members of the Federation of Defense & Corporate Counsel (FDCC).  Tom Oliver, a founding shareholder of Carr Allison, is a trial attorney specializing in complex matters involving […]

Learn More

Carr Allison Welcomes New IT Director

Blain Harrison has joined Carr Allison as the firm’s first Information Technology Director.  In this role, Blain will be responsible for overseeing the IT Department which serves our eight office locations by working to develop the overall information technology strategy of the firm and delivering innovative technology solutions and services […]

Learn More