Lawyers Still Leery Despite NLRB Joint Employer Memo

By Ben James (May 13, 2015, 9:41 PM EDT) -- A recent National Labor Relations Board advice memorandum may have given employers something to smile about by concluding that a restaurant chain and a franchisee were not joint employers, but lawyers say the memo leaves uncertainty lingering and that a blockbuster ruling upending the NLRB's current joint employer test may be waiting in the wings. 

The April 28 memorandum came from the NLRB's Division of Advice, part of the Office of the General Counsel. It concluded that Freshii Development LLC and a franchise development agent were not joint employers with Freshii franchisee Nutritionality Inc., which operates a Freshii store in Chicago...

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