Legal Blog

Telebriefs®: Is McDonald’s Responsible for the Alleged Unfair Labor Practices Committed by its Franchisees?

McdonaldsThe other week, an unfair labor practice proceeding began regarding whether McDonald’s as a corporation can be responsible for the alleged unfair labor practices committed by its franchisees.  The General Counsel of the National Labor Relations Board has alleged that McDonald’s Corporation, the parent corporation, should be liable for the violations under labor law that its franchisees commit.  From a legal standpoint, the General Counsel views McDonald’s Corporation as a joint-employer because, according to the allegations of the General Counsel, McDonald’s substantially controls the rules by which the cooks and cashiers work in the franchised locations.  This came to litigation because many of the cooks, cashiers and other workers in McDonald’s across the country were protesting against working conditions and allegedly were disciplined by various franchisees. Therefore, the Labor Board is contending that not only are the violations committed by the individual franchisees attributed to such franchisees, but also to McDonald’s, the parent company McDonald’s itself.  To learn more about the effects this proceeding could have on both the franchisor-franchisee relationship and joint-employer status, this week’s Telebrief here. Also in this week’s Labor & Employment Telebrief:  Whether or not you can fire an employee for posting unfavorable remarks on social media and when the Department of Labor will post its changes to the salary test in the white collar exemption rules.

ABOUT THE TELEBRIEFS®

Geared to executives with employee relations responsibilities (HR directors, supervisors, managers, business owners), Labor and Employment Telebriefs® are information-packed 30-minute briefings via the telephone. Telebriefs® provide information and insights to help executives stay current with latest workplace law developments and in front of trends so as to enable proactive policy making and management. On the 2nd and 4th Wednesday of each month, from 9 – 9:30 am ET, join Offit Kurman Labor & Employment Chair Howard Kurman, as he discusses developments occurring over the past two weeks that will most significantly impact employers nationwide. The focus is squarely on the practical. Why is this event significant for employers? What are the lessons to be learned or actions taken? These twice-monthly teleconferences are an easy way to stay current and compliant with the latest Labor and Employment law developments that will significantly affect you and your company.  Our guarantee: You will learn something useful, on every call! If you have any questions regarding  labor and employment issues, please contact Howard Kurman: hkurman@offitkurman.com | 410.209.6417

ABOUT HOWARD KURMAN

Howard Kurman website Howard K. Kurman is an employment attorney. Mr. Kurman regularly counsels clients on all aspects of proactive employment/labor issues. He represents employers ranging in size from as small as 20 employees to those employers with geographically disparate locations consisting of over 4,000 employees. Mr. Kurman assures, through regular contact with his clients, that they promulgate and maintain the most effective employment policies that will, to the extent possible, minimize their legal exposure in today’s litigious workplace. Mr. Kurman offers advice on employee handbooks, employment agreements, and covenants not to compete as well as confidentiality and non-disclosure agreements. Previously, Mr. Kurman was the chair of the firm’s Labor & Employment Practice Group. You can connect with Offit Kurman via our BlogFacebookTwitterGoogle+YouTube, and LinkedIn pages.  You can also sign up to receive Law Matters, Offit Kurman’s monthly newsletter covering a diverse selection of legal and corporate thought leadership content.

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