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Franchisors Beware: NLRB Seeking to Super-Size Joint Employer Liability

The National Labor Relations Board’s General Counsel’s Office has again signaled its commitment to expanding the scope of the current test for joint employment, reports Orrick’s Employment Law and Litigation Blog.

In a move that could have implications for a broad array of franchise relationships, on Dec. 19, 2014, the General Counsel of the NLRB announced that it has issued complaints against both McDonald’s franchisees and McDonald’s USA, the franchisor, as a joint employer.

The decision to name McDonald’s as a respondent is consistent with the General Counsel’s recent advocacy that the current joint employment standard is too narrow, the blog reports.

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