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NLRB is poised to find 'joint employer' relationships just about everywhere

from JD Supra Business Adviser

On July 29, Richard Griffin, General Counsel of the National Labor Relations Board, announced his intention to charge McDonald's USA, LLC, as a "joint employer" with its franchisees in a series of unfair labor practice charges arising from employee protests. This move, along with the General Counsel's position in a pending case that Browning-Ferris Industries is a joint employer with its temporary employee provider, signals the GC's desire to reverse 30 years of established Board precedent concerning the legal standard for "joint employer" status. As a result, business models based on franchised operations, use of temporary employees, outsourcing of operations, and similar separations of the employer-employee relationship are all likely to be affected. more

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