March 18, 2016

Plenary with Griffin and Weil Looks at Joint Employer Liability

Antonia Scholz, Cheng Cohen LLC

The highlight of the 38th annual Forum on Franchising meeting in New Orleans for many attendees was the plenary session featuring Richard Griffin, General Counsel for the National Labor Relations Board (NLRB), and David Weil, Administrator of the Wage and Hour Division of the U.S. Department of Labor (DOL). This plenary session delved into the emerging tension between trademark law, which requires a franchisor to exercise substantial control over how its marks are being used, and a recent line of labor and employment cases and interpretive opinions, which have assigned joint employer liability to franchisors for exercising too much control over the operations of their franchisees.

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