The SCORE 2016 Issue 2 | Page 26

Election 2016 Continued from page 23 realities test,”which hinged on whether the joint employer had a hand in the key aspects of employment. Now, the board utilizes a “totality of circumstances” rule, under which numerous elements must be examined to determine when a joint employer maintains“sufficient influence over the working conditions of the entities’ employees.” While no specific guidelines have been put forth by the NLRB, it is clear the net has been cast to include franchisors. In March, a case began in a New York court to determine whether McDonald’s is a joint employer of franchisees’ employees. The case arose from the NLRB general counsel’s decision to consolidate complaints in July 2014 against multiple McDonald’s franchisees and McDonald’s USA as joint employers. “The thrust of the NLRB’s argument in the McDonald’s case is that the franchisor controls the working conditions of franchise employees – setting out details ranging from restaurant cleaning procedures, to questions to be asked in the hiring of franchise employees, to minutiae of the food ordertaking process – to such a minute degree that, in the words of the NLRB’s counsel, ‘it is responsible for what happens to workers subject to those conditions,’” said Brent Arnold and Allen Craig, partners at law firm Gowling WLG, in an article from Lexology. Oklahoma, Georgia, Indiana, Louisiana, Michigan, Tennessee, Texas, Utah and Wisconsin have enacted legislation declaring that franchisors are not considered joint employers. Pay cards help reduce risks, costs and hassles associated with paper checks! Visit us at Booth #303 at the 2016 FBS Business Summit Oct. 12-14, Caesars Palace, Las Vegas to learn more about pay cards. 24 2016 Issue 2 | THE SCORE Proud Partner of fsvps.com | 800.881.1945 PA I D S I C K L E AV E While there are no federal paid sick or family leave laws, several states and municipalities have enacted such regulations. New York, California, New Jersey and Rhode Island have programs funded through payroll deduction that covers a portion of the employee’s wages for 4 to 12 weeks. San Francisco will require businesses with 20 or more employees to cover the balance for full paid leave in