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Showing posts with the label NLRB

Franchisors and "Joint Employers"

A fine story by Josh Eidelson at Bloomberg makes it clear what the McDonald's case before the NLRB is about. Or what it WAS about, because it has now been settled. The issue is a common one in our time. The franchising business model is ubiquitous, and the franchising company often has a lot of leverage over the franchisees. This, in turn, means that the employees of the franchisees can reasonably suspect, when their boss (the franchisee owner) is breaking the law to their disadvantage, that his de facto boss (the franchisor) is telling him to do so, or is encouraging it. Also, there is the eternal temptation to reach for the deepest pockets around, and those will generally be franchisor pockets. The NLRB has gone back and forth in recent years about when if ever a franchisor can be considered a "joint employer" of the workers hired by the franchisee. It is a question of enormous importance in dollars and cents terms, and this settlement might fairly be criti...

The Supreme Court and the '90s

Continuing my line of posts creating an arbitrary list of THE landmark case for each year. This time, we'll work our way from the moment of the lip syncing of Milli Vanilli to that of the sexual orality of Monica Lewinsky. I've posted one of them as the image for this entry. 1990,  Cruzan v.Missouri -- States may require "clear and convincing evidence" of patient's end-of-life wishes (living wills). 1991, Harmelin v. Michigan --  life sentence without possibility of parole for possession of cocaine held not to be cruel and unusual punishment. 1992, Casey v. Planned Parenthood -- re-affirmation of right to an abortion as part of privacy right. 1993, Daubert v. Merrill Dow -- creation of the Daubert standard for the testimony of expert witnesses. 1994, Kiryas Joel Village School District v. Grumet -- Satmar Hasidic Jews can't get their own public school district. 1995, Adarand Construction v. Pena -- affirmative action as race-based set asides....