A new decision, Garcia v. Border Transportation Group, LLC, analyzes the California Supreme Court’s decision in Dynamex Operations West, Inc. v. Superior Court, which changed the test for independent contractors under California law. In Border Transportation, Plaintiff Jesus Cuitalhuac Garcia filed the case against Border Transportation Group, LLC and its owners for
The National Labor Relations Board issued a ruling this week that reverses the Board’s ruling issued under the Obama administration in regards to who can be held a “joint employer.” The ruling is critical to businesses in the franchisee industry as well as businesses that use contract workers. This Friday’s Five reviews five keys issues
Joint employer liability can arise in many different contexts, such as when using staffing agencies, management companies, or in even in the franchise context. Companies must understand the factors a court could apply in determining if a potential joint employer relationship exists between the two entities to avoid being potentially liable for employment lawsuits filed
2016 will be a year in which joint employer liability will be a major issue for employers. Why am I making this prediction? First, the NLRB has refocused attention to this issue in hopes of expanding the number of employers that can be found jointly liable. Second, the Department of Labor issued an Administrative Interpretation