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NLRB Moves Forward Against McDonalds As Alleged Joint Employer

Published 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 to 71 pending investigations and 86 cases (some involving McDonalds corporate stores) that were found to be meritorious.  The Board stated tha...

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5th Circuit Says Franchisor’s Advice Does Not Create An Employment Relationship

Published on July 23, 2014

In a recent decision, the U.S. Court of Appeals for the Fifth Circuit provided franchisors with some ammunition in employment suits raised by a franchisee’s employees.  In a Fair Labor Standards Act claim raised by a franchisee’s employee in Texas, the Fifth Circuit reversed a jury verdict finding that the franchisor was liable for the franchisee’s FLSA violations. (more…) ...

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