On Oct. 26, 2023, the National Labor Relations Board (NLRB) announced its Final Rule on the joint-employer standard under the National Labor Relations Act (NLRA), which will take effect Dec. 26, 2023, and apply to cases filed after the effective date.

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Photo of Ronald J. Holland Ronald J. Holland

Ron Holland litigates on behalf of employers in state and federal courts, focusing on wage and hour class actions, whistleblower suits, breach of contract, accusations of wrongful termination, harassment, discrimination, and other complex labor and employment matters. He defends employers nationwide in proceedings…

Ron Holland litigates on behalf of employers in state and federal courts, focusing on wage and hour class actions, whistleblower suits, breach of contract, accusations of wrongful termination, harassment, discrimination, and other complex labor and employment matters. He defends employers nationwide in proceedings before state and federal governmental agencies, including the Department of Fair Employment and Housing, the Equal Opportunity Employment Commission, the National Labor Relations Board (NLRB), the California Labor Commissioner, and the U.S. Department of Labor.

Ron’s clients span a range of industries, including retail, entertainment, automotive, aviation, paper production, manufacturing, printing, health care, warehousing, and the gig economy.

Ron’s traditional labor practice focuses on labor arbitrations, unfair labor practice and representation hearings, collective bargaining negotiations, and federal court litigation. He serves as lead negotiator in contract negotiations and handles representation and unfair labor practice cases before the NLRB. Ron counsels Fortune 500 companies on labor strategy, union organizing, and responding to union-backed corporate campaigns. Prior to the issuance of the new election rules in 2015, Ron prepared comments to the proposed rules and also testified in Washington D.C. before the NLRB.

Photo of Justin F. Keith Justin F. Keith

Justin helps unionized businesses maintain successful labor relations and helps non-union companies maintain direct relationships with their employees through education, training, and proactive union awareness. His labor practice encompasses all aspects of labor relations, including unfair labor practices, representation proceedings before the National

Justin helps unionized businesses maintain successful labor relations and helps non-union companies maintain direct relationships with their employees through education, training, and proactive union awareness. His labor practice encompasses all aspects of labor relations, including unfair labor practices, representation proceedings before the National Labor Relations Board and Courts of Appeal, contract negotiations, strikes and lockouts, grievances, and arbitrations. Justin also represents employers in all areas of employment law—including reductions in force, litigation of discrimination, harassment, whistleblower, and retaliation claims, and numerous other personnel and workplace issues—before state and federal agencies and in courts throughout the country.

Justin Co-Chairs the firm’s Labor & Employment Practice’s Labor-Management Relations group and advises clients in all areas of traditional labor law, including union organizing campaigns, collective bargaining negotiations, unfair labor practice charges and representation case proceedings before the NLRB, union awareness strategy and training, strike response and contingency planning, grievance arbitration proceedings, and appellate litigation before the NLRB and the Courts of Appeals. Justin was co-counsel to New Process Steel in the landmark Supreme Court case, New Process Steel v. NLRB, 560 U.S. 674 (2010). He is also a contributing editor of The Developing Labor Law, the leading treatise on U.S. labor law, and a frequent speaker to legal and industry groups on labor and employment issues.

Justin has litigated dozens of wage and hour class actions brought under the Massachusetts Wage Act and nationwide collective actions under the Fair Labor Standards Act. He represents employers across a broad spectrum of industries, including retail, transportation, delivery services, and telecom services in nationwide class and collective actions brought throughout the country.

Justin regularly provides counsel to senior management and human resource personnel on employment law compliance matters, such as reductions in force, leaves of absence, exempt status classification under the FLSA and state law, employee discipline, sexual

Photo of Raquel S. Lord Raquel S. Lord

Raquel S. Lord focuses her practice on employment matters. She represents an array of clients, including those from the health care, financial services, package delivery, and retail industries. Raquel assists clients with hiring and termination procedures, performance management, employee discipline, responding to complaints

Raquel S. Lord focuses her practice on employment matters. She represents an array of clients, including those from the health care, financial services, package delivery, and retail industries. Raquel assists clients with hiring and termination procedures, performance management, employee discipline, responding to complaints of harassment, discrimination, and retaliation, disability accommodations, employee leave issues, wage and hour compliance, restrictive covenants, and social media issues, and regularly appears in federal and state court on behalf of clients in connection with litigation. She also has experience counseling clients on and litigating joint employer issues and franchise matters. Raquel routinely represents employers before the U.S. Equal Employment Opportunity Commission and state agencies.

Photo of David W. Oppenheim David W. Oppenheim

David W. Oppenheim concentrates his practice on domestic and international franchising, licensing, and distribution matters. He is recognized by Chambers USA as a leading, national franchise attorney. He advises both emerging and mature companies with respect to planning, structuring, and implementing national and…

David W. Oppenheim concentrates his practice on domestic and international franchising, licensing, and distribution matters. He is recognized by Chambers USA as a leading, national franchise attorney. He advises both emerging and mature companies with respect to planning, structuring, and implementing national and international franchise, distribution, and licensing programs, including negotiating franchise agreements, ancillary agreements, regulatory compliance, including the preparation of franchise disclosure documents, and securing registration of franchise offerings in the United States and abroad.

David is also experienced in mergers and acquisitions and sophisticated financing transactions, including the securitizations of a franchisor’s royalty stream. He represents private equity firms and public and private companies in the acquisition of franchise, licensing, and distribution systems. David routinely counsels clients regarding the implementation of compliance programs and system-wide standards. He also advises franchise clients regarding complex franchise relationship issues and disputes.

Photo of Breton H. Permesly Breton H. Permesly

Bret concentrates his practice on domestic and international franchising, licensing, and distribution matters. Bret represents some of the largest brands in the world as well as cutting edge start-up concepts in a wide range of industries, including food and beverage, hospitality, sports and…

Bret concentrates his practice on domestic and international franchising, licensing, and distribution matters. Bret represents some of the largest brands in the world as well as cutting edge start-up concepts in a wide range of industries, including food and beverage, hospitality, sports and fitness, retail, wellness and leisure. His experience includes advising clients on options for domestic and international expansion using a variety of structures; preparing and negotiating complex franchise and commercial agreements; organizing and structuring joint venture, franchise and distribution systems; establishing and administering national and international franchise growth and compliance programs; and, counseling clients on a wide variety of industry related topics. His experience also includes structuring, drafting, and negotiating domestic and international manufacturing, distribution, consignment, and supply agreements in the retail and food and beverage space.

Bret also acts as a trusted advisor to private equity concerns and investors buying and selling franchise and distribution systems and investors seeking due diligence and related franchise and distribution expertise in connection with mergers and acquisitions and other transactions involving franchising, licensing and distribution components.

Bret is the former Chair of the New York State Bar’s Franchise, Distribution and Licensing Committee and is currently on the Executive Committee of the New York State Bar’s Business Law Section.