Analysis

NLRB Joint Employer Shift No Silver Bullet For McDonald's

Law360, New York (January 9, 2018, 8:39 PM EST) -- The National Labor Relations Board's recent decision to discard its expanded, Browning-Ferris Industries test for determining joint employment won't likely change the outcome of the agency’s sweeping litigation accusing both McDonald's USA LLC and franchisees of anti-union activity because the high-profile battle was launched under the now-reinstated pre-BFI standard, experts say.

The sprawling litigation against McDonald's, which is winding down after several years at trial before an NLRB administrative judge, stemmed from a 2014 directive by then-NLRB General Counsel Richard Griffin authorizing dozens of unfair labor practice complaints based on charges brought by McDonald's workers who took steps to try to...

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