As we stated in our previous blog, NLRB general counsel, Richard Griffin, determined that McDonald’s Corporation is jointly liable for the unfair labor practices of its franchisee operators. Consequently, last week, Griffin announced that the he has issued complaints against both McDonald’s USA LLC as well as its franchisees over alleged labor law violations on the premise that McDonald’s Corporation was a “joint employer” of workers at its franchisees. The complaints allege that McDonald’s and certain franchisees violated the rights of workers who took steps to improve their wages and working conditions by making statements and taking actions against them for participating in nationwide protests and others activities during the past 2 years. The NLRB stated that McDonald’s, through its franchise relationships, “engages in sufficient control over its franchisees’ operations, beyond protection of the brand, to make it a putative joint employer with its franchisees, sharing liability for violations.” Griffin stated is would proceed with 13 cases involving nearly 80 allegations against McDonald’s and affiliated storeowners.
Posted by Mitchell Schley and Simi Bhutani