Now, the NLRB has once again expanded the definition of “joint employer” to apply a broader meaning for labor relations purposes. This will also make it easier for unions to target franchises.
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Today, the Board issued its Final Rule addressing the Standard for Determining Joint-Employer Status under the National Labor Relations Act.
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Make no mistake, unions do not mind and probably actually enjoy hitting employers in the pocketbook, but when it comes to intellectual property, some companies are feeling the pain more than others. Such is the case for Trader Joe’s, Medieval Times, and especially Starbucks.
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The end effect is a procedural maze, particularly when it comes to the recent Cemex decision that now sees its first test in the food service industry. As we discuss below, this industry is also reeling from twin blows to franchises.
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There are serious mismanagement issues at the NLRB and it’s hurting the agency’s ability to perform its mission faithfully.
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