The National Labor Relations Board (“NLRB” or “Board”) has issued its long-anticipated decision in Browning-Ferris Industries, 362 NLRB No. 186 (pdf), establishing a new test for determining joint-employer status under the National Labor Relations Act (“NLRA” or the “Act”). Because this revised standard will resonate with businesses relying on contractors and staffing firms throughout
McDonalds
NLRB Denies McDonald’s Appeal of Motion to Dismiss Joint Employer Claims
By Steven M. Swirsky on
Posted in NLRB Developments
The National Labor Relations Board has issued an Order (PDF) denying a request for a special appeal filed by McDonald’, USA, LLC and its franchisees (collectively referred to as “McDonald’s” in the Board’s Order) and found that the Administrative Law Judge presiding in the unfair labor practice hearing did not err when she denied McDonald’s…
McDonald’s-Franchisee Joint Employer NLRB Hearing Begins, SEIU Expands Fight for Fifteen and Other Developments
The National Labor Relations Board (“NLRB”) unfair labor practice hearing against McDonald’s, USA, LLC (“McDonald’s) and numerous franchisees opened in New York City on Monday March 30, 2015, before Administrative Law Judge (“ALJ”) Lauren Esposito. (“ALJ”), a former NLRB field attorney and union lawyer. Also this week, the Service Employees International Union (“SEIU”) announced that…
7-Eleven Franchise Operators’ Overtime & Minimum Wage Lawsuit Given Green Light by NJ District Court
By Epstein Becker Green on
Posted in NLRB Developments, Unfair Labor Practices
For retail and hospitality industries especially, it is turning out to be a long, hot summer as franchises continue to be in the employment law spotlight.
On July 29, 2014 the NLRB’s General Counsel announced a decision to treat McDonald’s, USA, LLC as a joint employer, along with its franchisees, of workers …
Where’s the Beef? McDonald’s, Joint Employers and the NLRB II: What “Labor” Says it Means
By Steven M. Swirsky on
Posted in NLRB Developments, Uncategorized
Following the NLRB’s announcement on July 29th of its position that McDonald’s and its franchisees are joint employers, commentators across the spectrum have been opining about this actually means for employers, unions and workers.
This week the AFL-CIO weighed in with its opinions in a post on its blog AFL-CIO NOW. After recounting the…
BIG MAC ATTACK : NLRB General Counsel Argues Franchisees and McDonald’s Are Joint Employers
By Steven M. Swirsky on
NLRB General Counsel Richard Griffin announced on Tuesday July 29th that he has authorized issuance of Unfair Labor Practice Complaints based on 43 of 181 charges pending against McDonald’s, USA, LLC and various of its franchisees, in which the Board will allege that the company and its franchisees are joint-employers. If the General Counsel…