Can Retailers Now Benefit from Other Joint Employers’ Arbitration Clauses? TotalRetail

In an article published by TotalRetail, New Era Chairman and Co-Founder Collin Williams offers retailers insights into attempts by the National Labor Relations Board (NLRB) to make it easier for two companies to be considered “joint employers.” Particularly important in the retail sector, where we often see situations where an employee works for a retailer (a franchisee), but a parent company (a franchisor) can also hold that employee to certain standards and control the quality of the work.  

Collin notes, “However, the reality is that the employee may only have an employment agreement — with an arbitration clause — with one of the employers. Without having an executed employment agreement with the secondary joint employer, the employee would not be subject to arbitration. Or would they?”

Read Collin’s advice to employers in TotalRetail here.