Both the courts and the National Labor Relations Board (NLRB) seem to keep changing the definitions of joint employment. It is no wonder this has left employers scratching their head about the situation. The cause for this itch is the analysis differs depending on the law at issue. For example, the Fair Labor Standards Act (FLSA), various state employment laws defining “employees,” common law (guided by the National Labor Relations Act), the Family and Medical Leave Act (FMLA), and workers’ compensation laws all have joint employer doctrines and associated tests that are slightly different from the others.
To demonstrate these differences, we will look at two of the most recent cases that modify the joint employer analysis under both the National Labor Relations Act (NLRA) and the Fair Labor Standards Act (the FLSA). Both these cases define a test – but it is not the same test. Unfortunately, the lesson is that an employer or putative employer will not know whether a person is an employee for the purposes of a particular law without determining first what test should be applied for that law.
This week’s OTA & Travel Distribution Update for the week ending April 14, 2017 is below. Additional details regarding last week’s long-awaited report on online travel by the European Commission are featured in this week’s Update.
Below please find this week’s OTA & Travel Distribution Update for the week ending April 7, 2017. The recently released European Commission’s report on the hotel industry headlines this week’s Update.
Some interesting stories in this week’s GSB OTA & Travel Distribution Update (for the week ending March 31, 2017):
This week’s Update for the week of March 26, 2017 is below:
With my bracket totally blown by Villanova’s loss this afternoon, there is no time like the present to prepare this week’s OTA & Travel Distribution Update. This week’s Update features stories for everyone.
This week’s GSB OTA & Travel Distribution Update for the weekend ending March 10, 2017 is below. Expedia, Airbnb and Facebook are featured in this week’s update.
Our weekly client OTA & Travel Distribution Update for the first week of March 2017 is below.
The digital world is a vast, Amazonian river of intellectual property (IP) – software, brands, photos, video clips, music, guest information, guest reviews – flowing quickly in every direction. Almost any significant issue arising in this space highlights the juxtaposition between an IP owner’s desire – in some cases legal obligation – to control and protect its content (i.e. intellectual property) with the desire to have content exposed to more and different consumers and potential consumers, across ever proliferating channels.
In HOTEL Yearbook Special Edition – Digital Marketing 2017, I will provide valuable legal insights and advice pertaining to the hotel world.
The full article is available for download on HOTEL Yearbook 2017’s website (login or registration is required.)
This week’s client OTA & Travel Distribution Update for the week ending February 24, 2017 is below. Several interesting OTA stories this week, including an update on another Seattle-based travel distribution company, Utrip.
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About the Editor
Greg Duff founded and chairs Foster Garvey’s national Hospitality, Travel & Tourism group. His practice largely focuses on operations-oriented matters faced by hospitality industry members, including sales and marketing, distribution and e-commerce, procurement and technology. Greg also serves as counsel and legal advisor to many of the hospitality industry’s associations and trade groups, including AH&LA, HFTP and HSMAI.
