NLRB Issues New Complaints against McDonald’s as Potential Change in Joint-Employer Status Looms

The National Labor Relations Board has continued to bear down on McDonald’s, issuing 23 more charges and 6 complaints against the fast food giant. This comes on the heels of a similar December crackdown whereby the NLRB brought some 78 charges against both McDonald’s USA and individual McDonald’s franchises as joint-employers.

In regard to these charges, the NLRB stated, “Our investigation found that McDonald’s, USA, LLC, through its franchise relationship and its use of tools, resources and technology, engages in sufficient control over its franchisees' operations, beyond protection of the brand, to make it a putative joint employer with its franchisees.” Charges brought against McDonald’s include allegations of retaliatory conduct aimed at employees involved in union activity.

As a result of the NLRB’s actions, McDonald’s USA could see itself liable for any illegal practices by any of its 14,000-plus franchises. This approach is a departure from standard NLRB practices, and foreshadows a likely change in the definition of joint-employment. Such a change would likely trigger a wave of nationwide litigation. 

Marcus Pringle

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