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The National Labor Relations Board and various union-backed organizations are ratcheting up efforts aimed at changing the landscape of who qualifies as a joint employer. Right now, these aggressive efforts are most pronounced in the franchise industry where the NLRB and other organizations continue to push an agenda of making franchisors, McDonald’s for example, joint employers with franchisees. As part of this ongoing campaign, the NLRB’s general counsel issued a ruling finding that McDonald’s should be treated as a joint employer with franchisees.

Following his office’s 2013 investigation into payroll cards and release of a report on the issue in 2014, New York Attorney General Eric Schneiderman recently sent legislation regarding the use of payroll cards by employers to pay employees to the Legislature for consideration and action.

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