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

Allan Jones Named PLAN Chair

Allan S. Jones, a shareholder at Carr Allison (Birmingham, AL), has been named Chair of the 2018-19 Board of Directors for the Professional Liability Attorney Network (PLAN).  The announcement was made at PLAN’s annual regional event in New York City.  Allan served as vice-chair for 2017-18 and has held several […]

Learn More

Client Recognizes Pam Hallford for Exceptional Legal Service

Pamela Springrose Hallford has been recognized by supply chain giant McLane Company, Inc. with the Exceptional Legal Service Award at McLane’s panel counsel meeting which was held in conjunction with the DRI 2018 Trucking Seminar.  Pam only recently joined the McLane team after responding to a fatal crash in the Wiregrass […]

Learn More

Vickers Earns AV Preeminent Rating by Martindale-Hubbell

Carr Allison is proud to announce that Heath L. Vickers of our Jacksonville, FL office has achieved a Martindale-Hubbell AV Preeminent Peer Review Rating.  The Preeminent rating is awarded only to lawyers with the highest ethical standards and professional ability.  Only approximately 10% of attorneys have achieved this prestigious honor.  […]

Learn More