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ARTICLE · 22 MAY 2018

Joint Employment Standard Puts Restaurants In A Difficult Position

Fisher Phillips LLP
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In 1966, Robert F. Kennedy recognized the Chinese curse "May You Live In Interesting Times." For the restaurant industry, the NLRB's approach to the joint-employer test is the curse...

United StatesEmployment and HR
Alden J. Parker
Alden J. Parker
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NLRB CURSES RESTAURANTS WITH UNWORKABLE JOINT-EMPLOYER TEST—FOR NOW

For many operators, the Board's latest ruling was a stinging setback.

The obvious question is how long will we be cursed by living in "interesting times?"

In 1966, Robert F. Kennedy recognized the Chinese curse "May You Live In Interesting Times." For the restaurant industry, the NLRB's approach to the joint-employer test is the curse that keeps on giving and is precisely the "Interesting Times" Kennedy spoke of.

In what those of us that support the restaurant industry hope is just a temporary—but stinging—setback, the National Labor Relations Board (NLRB) recently vacated its December ruling that kept franchisors and franchisees from having to deal with an unworkable and expansive legal test for determining whether an entity was considered a joint employer.

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