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<strong><a href="https://www.goldbergkohn.com/people/michael-sullivan/">Michael Sullivan</a></strong>, principal and chair of the firm's Labor &amp; Employment group, is quoted in "NLRB Proposes New Joint-Employer Rule," published in the Sept. 13, 2018, edition of the <em>Nation's Restaurant News</em>.

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The article concerns the National Labor Relations Board's new proposed rule that would tighten the standard under which franchisees and franchisors are considered "joint employers."

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Under the draft rule, which will be published in the Federal Register and will be subject to a 60-day public comment period, a franchisor would be considered a joint employer of a franchisee's employees only if it "possesses and exercises substantial, direct and immediate control over the essential terms and conditions of employment, and has done so in a manner that is not limited and routine. Indirect influence and contractual reservations of authority would no longer be sufficient to establish a joint-employer relationship."

Sullivan explained that the new rule would be welcome because it would essentially "put back into place a standard that existed for more than 30 years that only found different companies to be joint employers when both exercised direct and immediate control over employees' working conditions."

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