The union behind the “Fight for $15” movement is suing to overturn a Trump-era rule that makes it harder to hold companies like
In a lawsuit filed Friday in Washington D.C. federal court, the
Joint employer liability has been one of the most controversial and
The standard had become more worker-friendly under the Obama administration, when Democratic labor board appointees established a broader definition of joint employer.
Under President Donald Trump, Republicans worked to reverse the precedent, initially with a ruling that was
In its federal court complaint, the SEIU said that regulation is “arbitrary and capricious,” disregards the significance of corporations’ control over safety conditions, and is inconsistent with the National Labor Relations Act, which the labor board exists to enforce.
“The final rule betrays the act’s fundamental promise by empowering large, highly organized employers to hold control over workers and extract the maximum amount of profit from their labor while unilaterally opting out of the legal duty to negotiate” over working conditions, the union said in the filing.
In an emailed statement, the union, which has tried to win higher pay and unionization for fast food workers through the
“When I put on a McDonald’s uniform, it means I’m working for McDonald’s, period,” Delia Vargas, an employee at a franchised McDonald’s restaurant in Oakland, California, said in the statement. “We know McDonald’s is our boss, and we’ll keep speaking out and fighting for a voice on the job until they take responsibility for keeping us safe.”
In an emailed statement,
“While the union is focused on deploying tactics to grow its membership base, McDonald’s and our franchisees are focused on actual efforts to support and protect restaurant crew during an incredibly challenging time,” the company said.
A spokesperson for the labor relations board declined to comment on the lawsuit. The agency last month became controlled by Democrats again, following confirmation of President Joe Biden’s nominees.
(Updates to include comment from McDonald’s and show that NLRB declined to comment)
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