BB&K In The News

Representing Franchise, Crawford Disputes NLRB Claims that the Fast Food Chain is a Joint Employer

A high-stakes hearing before an administrative law judge is underway in New York regarding whether McDonald’s is a joint-employer of restaurant staff, along with the individual franchises. In a complaint, the National Labor Relations Board claims the world’s largest franchisor should be jointly liable for labor law violations involving employees at the franchised restaurants — a claim the restaurant and the franchises dispute.

Best Best & Krieger LLP Partner Roger Crawford, representing one of the franchises names in the complaint, called the case “a colossal waste of time and resources” during opening statements Thursday, the Chicago Tribune reported.

The newspaper reported: “Lawyers for several of the franchisees named in the complaint also gave opening statements that disputed the notion that McDonald's exerts control over workers' employment terms and conditions. Giving varied examples of how franchisees run their restaurants and responded to the protests, they said their clients are small business owners who don't consult the company before hiring or firing employees or setting pay.

“For example, the scheduling software that McDonald's offers doesn't know road construction, weather or employee performance, so franchise owners deviate from it on a daily basis,” Crawford argued.

To see the full report that ran March 10, 2016 in the Chicago Tribune, click here.

Also, see: “McDonald’s Has Super-Sized Control Over Franchisees: NLRB,” Law360