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McDonalds Employer Liability Issues

Troutman Pepper

Seventh Circuit Revives McDonald's Employee No-Poach Litigation

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In June of 2022, McDonald’s obtained a judgment on the pleadings, ending antitrust litigation challenging the legality of the no-hire restraints it previously included in its franchise agreements. More than a year later, the...more

Quarles & Brady LLP

Seventh Circuit Rejects Dismissal of Franchisee No-Poach Clause Challenge

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In Deslandes v. McDonald’s USA LLC, issued August 25, 2023, the U.S. Court of Appeals for the Seventh Circuit overturned the dismissal of antitrust claims that challenged no-poach clauses in franchise agreements....more

Vinson & Elkins LLP

Seventh Circuit Revives Former McDonald’s Workers’ No-Poach Suit

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An important federal appeals court has clarified a key principle of antitrust law in a way that potentially makes it more difficult for an employer to win a motion to dismiss, and thereby avoid expensive discovery, with...more

Allen Matkins

Will Corporate DEI Efforts Engender Caremark Claims?

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In a posting on the Business Law Prof Blog, Professor Stefan J. Padfield recently highlighted a complaint filed by America First Legal Foundation with the U.S. Equal Employment Opportunity Commission.  The complaint alleges...more

Carlton Fields

Decision Against McDonald’s Includes Important Lessons For Employers About Sexual Harassment in the Workplace

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A decision by the Delaware Court of Chancery allowing shareholders to sue McDonald’s over an alleged “toxic culture” of sexual harassment and misconduct at McDonald’s provides a stark reminder that employers must actually...more

Dunlap Bennett & Ludwig PLLC

Temporary Restraining Order Granted Against McDonald’s For Failing to Keep Employees Safe from COVID-19

A temporary restraining order (TRO) was granted against a McDonald’s franchise by a California Superior Court judge in response to the franchise’s alleged inability to take proper precautions to keep the community safe from...more

Moritt Hock & Hamroff LLP

The Unhappy Meal – A Case Study In The Importance Of Developing & Executing An Effective Return-To-Work Policy

In today’s environment, business as usual is anything but usual. Companies are struggling to normalize operations and bring their employees back to work in a safe, healthy environment that is also safe for the public. The...more

Best Best & Krieger LLP

Doing Business in 2020: Courts Tackle Employment Law

Part 2: New Employment-Related Court Decisions Impacting California’s Public and Private Entities - California and federal courts handed down a number of labor and employment-related decisions last year, impacting...more

Lathrop GPM

The Franchise Memorandum - Issue 249

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Welcome to The Franchise Memorandum by Lathrop GPM, formerly known as The GPMemorandum. Since December 1997, The GPMemorandum has been presenting summaries of recent legal developments of interest to franchisors and companies...more

Rumberger | Kirk

Workplace Romance: Do You Have a Policy for That? If You Don’t, You Should

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In the wake of McDonalds’ CEO Steve Easterbrook’s decision to step down for having a consensual relationship with an employee in violation of company policy, many are left wondering, is there any room in the restaurant...more

Robins Kaplan LLP

Financial Daily Dose 1.8.2020 | Top Story: Speaker Company Sonos Sues Google for Patent Infringement

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Home speaker maker Sonos has sued Google, accusing the company of “infringing on five of its patents, including technology that lets wireless speakers connect and synchronize with one another.” Sonos had originally partnered...more

FordHarrison

One Small Win for McDonald's, and One Giant Victory for Small Business Owners

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On Thursday, December 12, 2019, the National Labor Relations Board (NLRB or the Board) ordered an administrative law judge to approve a settlement previously reached between McDonald’s, its franchisees, and workers. Although...more

Rumberger | Kirk

What Restaurants Can Learn From McDonald's CEO Ouster

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Surprisingly, one in three employees are in a romantic relationship with someone they work with, and more than half of all-American professionals say they have participated in a workplace romance at some point. Originally...more

Proskauer - California Employment Law

California Employment Law Notes - November 2019

Court Upholds Whistleblower Verdicts In Favor Of Fired Parking Ticket Hearing Examiners - Hawkins v. City of Los Angeles, 40 Cal. App. 5th 384 (2019) - Todd Hawkins and Hyung Kim were terminated from their jobs as...more

Littler

Worker Misclassification Questions Dominate California Legal Landscape

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In the wake of California’s enactment of Assembly Bill (AB) 5—legislation that threatens to reclassify 2 million California independent contractors as “employees” under California labor and employment laws—legal questions...more

Troutman Pepper

Ninth Circuit Finds Franchisors Not Joint Employers of Employees of Franchisees Absent Direct Control Over Wages, Hours and...

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Q. As a franchisor, could I potentially be held liable for the wage and hour violations committed by franchisees of my organization against their employees?...more

Best Best & Krieger LLP

“Super-Sized” Win Delivered to California Franchisors

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Ninth Circuit Clarifies Joint Employer Classification - McDonald’s was not a joint employer of its franchisees’ workers, the U.S. Ninth Circuit Court of Appeals found recently in a decision that provides additional clarity...more

Seyfarth Shaw LLP

Common Sense Prevails For California Franchisors: Ninth Circuit Focuses On Actual Control of the Worker in Joint Employment...

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Seyfarth Synopsis: The Ninth Circuit’s recent decision in Salazar v. McDonald’s Corporation is welcome news for entities facing concerns about joint employment status under California law, and in particular, for franchisors....more

Lewitt Hackman

Franchisors are “Lovin’ It”

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In a win for franchisors, the Ninth Circuit recently affirmed the district court’s summary judgment in favor of fast-food behemoth McDonald’s Corp., ruling that the franchisor is not a joint employer of its franchisees’...more

Amundsen Davis LLC

Separate Franchise Or Joint Employer? – The Ninth Circuit Rules In Favor Of McDonald’s NOT Being A Joint Employer Of Its...

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The Ninth Circuit U.S. Court of Appeals ruled in a California lawsuit that one of the most recognized franchises, McDonald’s, does not exert sufficient direction or control over its franchisees’ employees to be considered a...more

ArentFox Schiff

Lovin' It: Ninth Circuit Rules McDonald's is Not a Joint Employer with Franchisee in California

ArentFox Schiff on

In a case that should grab the attention of franchisors across the country, a panel of the US Court of Appeals for the Ninth Circuit has ruled that McDonald’s Corporation is not the joint employer of the employees of a...more

ArentFox Schiff

Lovin' It: Ninth Circuit Rules McDonald's is Not a Joint Employer with Franchisee in California

ArentFox Schiff on

In a case that should grab the attention of franchisors across the country, a panel of the US Court of Appeals for the Ninth Circuit has ruled that McDonald’s Corporation is not the joint employer of the employees of a...more

Benesch

McDonald’s Prevails Against Joint Employer Theory in Ninth Circuit

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The Ninth Circuit ruled on October 1, 2019, that McDonald’s cannot be held liable for wage and hour violations allegedly committed by a franchisee in California because McDonald’s did not exert sufficient control over the...more

Bradley Arant Boult Cummings LLP

McDonald’s Fries Franchise Workers’ Claims, Lands Whopper of a Ruling for Franchisors

In an important wage-and-hour decision for franchisors, Salazar, et al. v. the McDonald’s Corp., et al., the Ninth Circuit Court of Appeals ruled that employees of one of the hamburger giant’s California-based franchisees...more

Faegre Drinker Biddle & Reath LLP

9th Circuit Puts Brakes on Joint Employment Claims

Companies doing business in California and elsewhere scored a victory yesterday in one of the fastest growing areas in employment law: joint employment claims. In a significant opinion, the U.S. Court of Appeals for the 9th...more

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