Insights

Home > News & Insights > Insights > NLRB Moves Forward Against McDonalds As Alleged Joint Employer

Share this on:   a b j c

NLRB Moves Forward Against McDonalds As Alleged Joint Employer

Published by on January 16, 2015

The National Labor Relations Board has issued 13 complaints against several McDonalds franchisees and the franchisor, McDonalds USA, LLC as joint employers.  The Board issued a fact sheet summarizing the reason for the complaints along with a link to a list of all pending cases against the franchisor and the franchisees.  The Board’s complaints refer […]

The National Labor Relations Board has issued 13 complaints against several McDonalds franchisees and the franchisor, McDonalds USA, LLC as joint employers.  The Board issued a fact sheet summarizing the reason for the complaints along with a link to a list of all pending cases against the franchisor and the franchisees.  The Board’s complaints refer to 71 pending investigations and 86 cases (some involving McDonalds corporate stores) that were found to be meritorious.  The Board stated that its investigations found that the combination of McDonalds USA’s franchise relationships and “its use of tools, resources and technology” exerted sufficient control over the franchisees’ operations to make it a “putative joint employer.”  The Board found that McDonalds USA’s activities went above and beyond protecting its brand.

The complaints accuse McDonalds USA and its franchisees of violating employees’ rights by taking reprisal actions in response to the employees’ efforts to improve their wages and working conditions.  Such efforts included participating in fast food workers’ protests across the country.  According to the Board, such reprisals add further support to the allegations that McDonalds USA is more than a mere franchisor.  The Board will hold consolidated hearings on the complaints and meritorious claims to determine which cases require immediate relief.  If a settlement cannot be reached, litigation will begin on or about March 30, 2015.

Laconic Lookout:  The Board’s action is part of a concerted campaign by the current administration to attack so-called “fissured” employment relationships.  We are still a long way from a court actually adopting the Board’s position, so the sky is not falling yet.

Topics: , , , ,

Share:   a b j c