Friday, March 11, 2016
The ALJ hearing over McDonald's alleged status as a joint-employer under the NLRA is currently underway. The Washington Post's Lydia DePillis is covering the hearing and has a good description of opening statements. Although I understand why parties, especially McDonald's, is initially casting this as a broad attack at the franchise model, to me the more interesting aspect of the case is to see how the NLRB will apply it's new Browning-Ferris joint-employer standard. As is often the case, it's all in the details, and that's where I expect the this case to be illuminating.