The National Labor Relations Board has issued complaints against McDonald’s USA and McDonald’s franchisees as joint employers.
According to the NLRB, both McDonald’s USA and various franchises engaged in activities that violated the rights of employees. The NLRB has stated that the conduct by the “Joint Employers” included, “discriminatory discipline, reductions in hours, discharges, and other coercive conduct directed at employees in response to union and protected concerted activity, including threats, surveillance, interrogations, promises of benefit, and overbroad restrictions on communicating with union representatives or with other employees about unions and the employees' terms and conditions of employment."
This decision by the NLRB represents a radical departure in the Board’s definition of a “Joint Employer.” Earlier this year, Roetzel attorneys issued an alert that analyzes the joint employer issue in great detail, and predicted the actions of the NLRB.
That alert can be found at Roetzel’s website HERE.