Comments on: NLRB claims franchisors are joint employers

By: Labor roundup - Overlawyered

Labor roundup - Overlawyered — Thu, 28 Aug 2014 04:30:06 +0000

[…] wrong with the NLRB attack on McDonald’s franchising, cont’d [On Labor, earlier here, […]

By: Chris Hoey

Chris Hoey — Sun, 10 Aug 2014 04:18:00 +0000

It is not an NLRB decision per se but an allegation in an unfair labor practice Compaint. It is subject to proof as it alleges a legal conclusion that must be proven by facts, not opinions. It is subject to a hearing before a Administrative Law Judge, his decision is reviewable by the Board, and its decision is reviewable by a US Ct of Appeal.
McDonalds has its hands full as an allegation as controversial as this is usually almost pre approved by a invisible inner sanctum that passes on such matters. (This has been going on for over 50 years to my personal knowledge, and will continue under the structure of the Board as a political arm of the sitting president. The Courts of Appeal can reel it in if necessary, but this regime has also packed the benches of the courts with sycophants.)
The General Counsel authorizing this allegation come from the union ranks, and was approved on the Senate under Reid’s nuclear option, so we may expect many more such off the wall allegations.

By: rso

rso — Sat, 09 Aug 2014 11:18:32 +0000

There are a ton of rules regarding how franchise businesses work and many franchisees are large enough to be considered large employers in their own right – covered by ADA Title I, FMLA, PPACA (Obama Care), etc. If this ruling were to stand you’d have different classes of franchise employers – some would be considered part of the franchise company, some not. I don’t see how that can even be administered. This board is so desperate to be relevant they will do anything to find for a union. It’s so sad – nobody respects the law in DC anymore – including the judiciary.

By: ras

ras — Sat, 09 Aug 2014 01:20:37 +0000

Since we are contributing, as commenters, to this site, and since Walter provides direction in the form of commenting guidelines, are we now employees of overlawyered?

Dibs on the corner office!

By: Marc B.

Marc B. — Fri, 08 Aug 2014 20:41:38 +0000

There is a two front offensive by progressives. This week, the Washington Supreme Court found Fred Meyers grocery stores is a joint employer with an independent sub-contractor. See Becerra Becerra v. Expert Janitorial, LLC.

By: Dave Anthony

Dave Anthony — Fri, 08 Aug 2014 17:42:06 +0000

No doubt progressives will lack any cognitive dissonance as they tell themselves that franchise owners are abused by big corporations any ways.