Joint Employer Liability: Best Practices to Mitigate Risks in 2016
In 2014, the National Labor Relations Board (NLRB) identified McDonald's USA LLC as a joint employer, raising concerns of franchisors about Joint Employer Liability. Increasingly, employees are suing several companies under the premise of joint employer liability. This is more common with staffing companies, subcontractors and franchisees and is often based upon a written agreement that provides intent.
Hence, companies may be unaware of the risk of suit due to signed agreements. Such companies should ensure the effectiveness of their written agreements to protect against joint employer liability and specifically identify the employer and assign control of the employees to the employer.
In a two hour LIVE Webcast, a panel of key thought leaders and practitioners assembled by The Knowledge Group will discuss the risks of Joint Employer Liability and help attendees understand how to mitigate risks in contracts and business practice.
Key topics include:
- Joint Employer Liability - An Overview
- Requirements for Joint Employment
- Benefits of Employees in Joint Employment
- Obligations of Employers
- Direct and Indirect Control Over Out-sourced Labor
- Best Practices to Avoid Joint Employer Liability
Charles G. Miller, Principal
Bartko, Zankel, Bunzel & Miller
Cheryl L. Mullin, J.D., LL.M., Shareholder
Mullin Law, PC
Farheen Ibrahim, Attorney
Mullin Law, PC
- Cheryl: Introduction and the definition of “employee” and “employer”
- Farheen: History of joint employer liability and recent Department of Labor and National Labor Relations Board political activity
- Charles: Impact of Browning-Ferris and related opinions from the National Labor Relations Board addressing joint employer liability
- Farheen: Joint employer liability under the FLSA/FMLA, OshAct, anti-discrimination statutes, and the ACA
- Charles: Future impact on franchise systems
- Open discussion on best practices with all speakers
Who Should Attend:
- Employment and Labor Lawyers
- Employment Law Advisers
- HR Executives
- Top Level Management
- Multinational Companies
- Private and Public Companies
- Other Related/Interested Professionals and Organizations
Charles G. Miller, a principal, has defended franchise companies regarding claims charging them with being employers of franchisees or their employees and wrote the amicus curiae brief that contained many of the arguments adopted by the Court in Cislaw v. Southland Corp, 6 Cal.Rptr.2d 386 (Cal.Ct.App.1992), an oft-cited case holding that a franchisee is not an employee, but an independent contractor. He recently authored an article in LJN’s Franchising Business & Law Alert (Vol. 22, No. 1, October 2015) on the NLRB Browning-Ferris Industries decision entitled “NLRB Changes Rules for Determining Joint Employers.”
Charles G. Miller, a principal, has defended franchise companies regarding claims charging them with being employers of franchisees or their …
Cheryl Mullin is the founding partner of Mullin Law, PC. Her practice focuses on assisting commercial clients achieve their growth objectives through corporate growth, franchising, joint ventures, acquisition, and private investment.
Cheryl earned her J.D. from Widener University School of Law in 1995, and her LL.M (Taxation) from Southern Methodist University Dedman School of Law in 2013. She is recognized for her work in franchising by International Who's Who of Franchise Lawyers (since 2013), Texas Super Lawyers (since 2012), and Best Lawyers in America (since 2007). Cheryl also has been recognized since 2007 by “D” Magazine as one of the best lawyers in Dallas, and by Franchise Times magazine since 2004 as a “Legal Eagle.” Cheryl is AV-rated by Martindale-Hubbell.
Cheryl Mullin is the founding partner of Mullin Law, PC. Her practice focuses on assisting commercial clients achieve their growth …
Farheen focuses her practice in the areas of employment law, franchising, and commercial litigation. Farheen assists clients with all aspects of management-side employment matters, including handbooks, policies and procedures, employment-related contracts, workplace investigations and training, and matters involving anti-discrimination, FLSA, FMLA, ACA, NLRA, and similar state-specific statutes.
Before joining Mullin Law, PC, Farheen worked as a litigation associate at two prominent Dallas-area firms, devoting her practice to matters in arbitration and litigation in state and federal courts. Farheen also has experience resolving matters before the Texas Workforce Commission-Civil Rights Division, the Equal Employment Opportunity Commission, and the National Labor Relations Board.
Farheen received her J.D. from SMU Dedman School of Law in Dallas, Texas. Farheen earned her bachelor’s degree from Rice University in Houston, Texas.
Farheen focuses her practice in the areas of employment law, franchising, and commercial litigation. Farheen assists clients with all aspects …
Print and review course materials
Method of Presentation:
NASBA Field of Study:
NY Category of CLE Credit:
Unlock All The Knowledge and Credit You Need
Leading Provider of Online Continuing Education
It's As Easy as 1, 2, 3
Get Your 1-Year All Access Pass For Only $199
About Bartko, Zankel, Bunzel & Miller
Bartko, Zankel, Bunzel & Miller is a San Francisco mid-size firm, specializing in complex litigation, real estate, and franchise matters, representing clients in antitrust, business litigation, IP and class action cases in California, nationally and abroad.
About Mullin Law, PC
Founded by Cheryl Mullin in 2003, Mullin Law, PC is a full service, commercial law firm nationally recognized in the area of franchise law.
At Mullin Law, each of the lawyers and paralegals has a deeply ingrained knowledge of franchise law and a strong tie to the franchise industry. Each lawyers’ practice is enhanced by knowledge and experience in complementary practice areas, including employment, trademark and trade practices, commercial litigation, and corporate formation and tax..
The firm understands how business works and takes pride in delivering sound legal advice, fortified by real-world business experience and solid relationships with accounting, business and marketing professionals. This enables the firm to offer its clients complete legal solutions.