NLRB, McDonalds, Wage and Hour

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

FordHarrison on 12/30/2019

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

NLRB Gives Employers Two Big Gifts This December

Benesch on 12/16/2019

Just before the holiday season, the National Labor Relations Board (“NLRB” or “Board”) provided employers with two big wins. First, on December 13, 2019, the NLRB announced its long awaited final rule to relax the Obama-era...more

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

ArentFox Schiff on 10/3/2019

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

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

ArentFox Schiff on 10/3/2019

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

McDonald’s Prevails Against Joint Employer Theory in Ninth Circuit

Benesch on 10/3/2019

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

Catch-22 for Franchisors: The Joint Employment Dilemma

Akerman LLP - HR Defense on 11/29/2016

As government agencies steadily expand the concept of joint employment, franchisors increasingly find themselves in a difficult position. Since August 2015, when the NLRB ruled in Browning-Ferris that entities with the...more

Fast Food Franchisor may be on the Fast Track to a Decision Concerning Joint Employer Status

Obermayer Rebmann Maxwell & Hippel LLP on 11/3/2016

The National Labor Relations Board (“NLRB’) recently issued several precedent-breaking decisions that have the potential to expose franchisors to joint employer liability across the county. On October 12, 2016, a new...more

Update For The Franchise Industry: Is Your Brand Manager Creating A “Joint Employment” Relationship With Your Franchisees’...

Constangy, Brooks, Smith & Prophete, LLP on 8/4/2016

For several years now, franchisors have been the subject of attention in the labor and employment law arenas, and new rules and regulations are challenging franchise relationships in a number of ways. One increasingly...more

NLRB: Joint Liability Inquiry Can Precede Finding on Merits of Underlying Unfair Labor Practice Charge

Baker Donelson on 2/19/2016

In the latest development in the National Labor Relations Board's ongoing efforts to redefine joint employer status, the board has determined that an employer (whether franchisee or franchisor) can be named a joint employer...more

Joint Employment Challenges Continue in 2016

Maynard Nexsen on 2/11/2016

The legal concept of “joint employment” exists when a person is employed by two or more entities, such that the employers are responsible, individually and jointly, to the employee for compliance with a particular statute or...more

Employment Law Commentary - Volume 27, Issue 8, September 2015

Morrison & Foerster LLP on 10/2/2015

The NLRB’s Decision In Browning-Ferris Industries Of California (2015) One Month Later: Is The Sky Falling For Employers? - The short answer to the question is, “Not yet.” Browning-Ferris Industries of California, Inc....more

Five Evolving Issues Confronting Employers in the Hospitality Industry

Epstein Becker & Green on 9/24/2015

As the hospitality industry continues to grow and expand, one common goal is to provide all-inclusive experiences for visitors and patrons. Unfortunately, given the breadth of the goods and services offered to the public and...more

NLRB Issues Significant Ruling on “Joint Employer” Issue

Goulston & Storrs PC on 9/16/2015

In December 2014, we reported that the General Counsel of the National Labor Relations Board (NLRB) had issued 13 complaints naming McDonald's as a “joint employer” of the employees at its franchisees. The complaints alleged...more

NLRB Broadens its Test for Determining Joint-Employer Status

Sheppard Mullin Richter & Hampton LLP on 9/8/2015

On August 27, 2015, the National Labor Relations Board (“NLRB”) issued its highly anticipated decision in Browning-Ferris Indus. of California, et al v. Sanitary Truck Drivers, 362 NLRB No. 186. In deciding to “revisit and...more

NLRB Changes Standard for Determining Joint Employer Status

Akerman LLP - HR Defense on 9/8/2015

The NLRB has issued a landmark decision changing its current standard for assessing “joint employer” status in both unionized and non-union workplaces. This is significant, because, even if the company is not the actual...more

NLRB Redefines and Broadens the Joint Employment Standard

Burr & Forman on 9/4/2015

Just in time for Labor Day, the National Labor Relations Board’s (the Board) Democratic majority handed the organized labor movement one of its biggest legal victories in recent years. The decision radically redefines the...more

The Times They Are A-Changin: National Labor Relations Board Revises The Joint-Employer Test After More Than Thirty Years

Orrick - Employment Law and Litigation on 9/3/2015

After more than 30 years, the National Labor Relations Board (the “Board”) has concluded that it was time to change the standard for determining when companies are to be considered joint employers under the National Labor...more

National Labor Relations Board › McDonalds › Wage and Hour

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

NLRB Gives Employers Two Big Gifts This December

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

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

McDonald’s Prevails Against Joint Employer Theory in Ninth Circuit

Catch-22 for Franchisors: The Joint Employment Dilemma

Fast Food Franchisor may be on the Fast Track to a Decision Concerning Joint Employer Status

Update For The Franchise Industry: Is Your Brand Manager Creating A “Joint Employment” Relationship With Your Franchisees’...

NLRB: Joint Liability Inquiry Can Precede Finding on Merits of Underlying Unfair Labor Practice Charge

Joint Employment Challenges Continue in 2016

Employment Law Commentary - Volume 27, Issue 8, September 2015

Five Evolving Issues Confronting Employers in the Hospitality Industry

NLRB Issues Significant Ruling on “Joint Employer” Issue

NLRB Broadens its Test for Determining Joint-Employer Status

NLRB Changes Standard for Determining Joint Employer Status

NLRB Redefines and Broadens the Joint Employment Standard

The Times They Are A-Changin: National Labor Relations Board Revises The Joint-Employer Test After More Than Thirty Years

Franchisors Could Be “Joint Employers” Under NLRB’s Newly Expanded Test

Everything Old is New Again: NLRB’s Decision “Restates” Joint Employer Standard

Texas Bill Protects Franchisors From Joint Employment Liability

NLRB Complaints Claim McDonald’s USA is “Joint Employer” Liable for Labor Violations by Its Franchisees

NLRB Sues McDonalds For Labor Practices of its Franchisees

Executive Labor Summary - November/December 2014

Franchise arrangements pose legal problem for NLRB’s proposed joint-employer standard

FRANCHISOR 101: Avoid Liability for Acts and Incidents at Franchisees' Locations

National Labor Relations Board › McDonalds › Wage and Hour

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