Bloomberg Law
Sept. 23, 2020, 7:58 PM

Joint-Employer Questions Raised in New NLRB McDonald’s Case

Ian Kullgren
Ian Kullgren

The federal labor board’s top prosecutor declined to pursue charges against McDonald’s Corp. for “meritorious” violations of labor law at a California restaurant, signaling that his office won’t seek to punish a parent company if a regional subsidiary acknowledges to be the direct employer.

National Labor Relations Board General Counsel Peter Robb indicated in a little-noticed filing late last week that he would accept a settlement brokered by one of the board’s regional offices, rejecting an appeal from the Service Employees International Union, which had argued that McDonald’s national corporate headquarters and a regional subsidiary are “indistinguishable corporate entities.”

The ...

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