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McDonald's nears agreement with NLRB over joint employer status

Joe Mont | March 21, 2018

On March 20, McDonald's USA and its franchisees asked Administrative Law Judge Lauren Esposito to approve proposed settlement agreements negotiated for the General Counsel of the National Labor Relations Board.

The crux of the case is a battle over the parameters of “joint employer” status and whether the McDonald’s parent company is responsible for workplace violations caused by its franchisees.

McDonald’s asked Esposito to approve agreements intended to provide 100 percent of backpay for affected employees subject to unfair labor practice cases pending before Esposito. These settlements represent a full remedy for the employees who have waited since the first charges were filed in November of 2012. If approved, they would avoid years of possible additional litigation.

McDonald’s, in the proposal, agreed to certain steps to ensure that the settlement will be fully effectuated and honored by its franchisees,...

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