United States: the NLRB General Counsel authorizes complaints against McDonald’s franchisees and determines McDonald’s is a joint employer

In a brief released yesterday July 29, the National Labor Relations Board General Counsel Office - responsible for the investigation and prosecution of unfair labor practice cases - announced that it found merit in some of the charges alleging McDonald’s and its franchisees violated the rights of employees, as a result of activities surrounding employee protests. Therefore, it has authorized complaints on alleged violations of the National Labor Relations Act and indicated that « if the parties cannot reach settlement in these cases, complaints will issue and McDonald’s, USA, LLC will be named as a joint employer respondent. » If the judge uphold this determination, McDonald’s could be held jointly liable for labor and wage violations by its franchise operators. It will also ease the way for unionizing nationwide. 
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Nearly 200 workers complained to the Board, stating that they had been fired, or were penalized for their participation to the protests organized as part of the campaign backed by the SEIU and other groups to pressure McDonald’s and other restaurant chains to adopt a $15 minimum wage (see our article n°8544). « Of those cases (181), 68 were found to have no merit. 64 cases are currently pending investigation and 43 cases have been found to have merit » General counsel announced, before adding «

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