NLRB Files Complaints Against McDonald’s and Some Franchisees as Joint Employers

The National Labor Relations Board (NLRB) Office of the General Counsel has issued complaints against McDonald’s franchisees and their franchisor, McDonald’s USA, LLC, as joint employers.

The complaints allege that McDonald’s USA, LLC, and certain franchisees violated the rights of employees working at McDonald’s restaurants at various locations around the country by, among other things, making statements and taking actions against them for engaging in activities aimed at improving their wages and working conditions, including participating in nationwide fast food worker protests about their terms and conditions of employment during the past two years.

The Office of the General Counsel informed McDonald’s franchisees and their franchisor, McDonald’s USA, LLC, that, of 291 charges filed since November 2012, 86 cases have been found meritorious, and therefore, complaints would issue regarding those meritorious cases, absent settlement.

While representatives of the Office of the General Counsel have been engaged in efforts to settle the matter with the parties, thus far, those efforts have largely been unsuccessful.  Therefore, the Regional Offices, where meritorious charges were filed and not settled, issued complaints against the alleged joint employers today.  General Counsel representatives will continue efforts to settle the meritorious charges, notwithstanding issuance of the complaints.  Additionally, of the 291 charges filed, 11 cases were resolved and 71 cases remain under investigation.


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NOTE: The details in this blog are provided for informational purposes only. All answers are general in nature and do not constitute legal advice. If legal advice or other expert assistance is required, the services of a competent professional should be sought. The author specifically disclaims any and all liability arising directly or indirectly from the reliance on or use of this blog.
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