NLRB's General Counsel's Announcment that McDonald's and its Franchisees are Joint employers - A Super-Sized Headache


This article discusses the significance of the NLRB's General Counsel's announcement that he would be charging McDonald's as a joint employer together with its Franchisees. This is a major change from decades of NLRB policy. The General Counsel is seeking to change the test to determine joint employer status from the common law right of control of wages, hours and working conditions directly or indirectly to the multi-factor broader "economic realities" test used by the Department of Labor to enforce the FLSA.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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