Tag: Joint Employer

On September 14, 2018, the National Labor Relations Board (NLRB) announced in the Federal Register a proposed rule to return its joint-employer standard to its 1984 standard — a standard that stood until 2017. It’s returning to the days of Footloose dancing, Sixteen Candles high school sweethearts, Karate Kid champions, and the principle that a…

Question: Do temporary employees hired through an agency apply when counting to determine if an employer is covered under the Family and Medical Leave Act (FMLA)? Answer: Temporary agencies and client companies can be considered joint employers when determining whether an employer has 50 or more employees for the purpose of applicability of the Family…

In an announcement on July 29, 2014, the National Labor Relations Board’s (NLRB) Office of the General Counsel (OGC) authorized complaints against McDonald’s franchisees and determined that the corporate franchisor, McDonald’s, USA, LLC is considered a “joint employer.” The announcement said that the NLRB’s OGC had investigated charges alleging McDonald’s franchisees and their franchisor “violated…

Question: If an employee worked for us as a temporary employee through an agency, does the temp time count as time worked under the Family and Medical Leave Act (FMLA)? Answer: According to the Department of Labor, the time worked as a temporary employee does indeed count toward the 12-month service and 1,250 hour requirement.