Article

Sep 18, 2014

NLRB's 'Joint Employer' Test Will Rewrite Labor Law

...any company that is a franchisee, uses employees from a temporary agency or staffing company, utilizes the expertise of subcontrators or has the slightest ability to direct the work of someone it does not employ must be extremely vigilent to not accidentally wind up recognizing a union within its own workforce...."

Much has been written about the National Labor Relations Board's quest to find joint employer status between McDonald’s parent company and its franchisees. The Board is even changing the legal definition of joint employer to satisfy its desired outcome that McDonald’s parent corporation and its franchisees are joint employers....But, changing the law with respect to franchisees and franchisors is just one small part of the NLRB's larger goal: The change in law intentially erases the line between legal entities in most industries.