In July 2014, the General Counsel of the National Labor Relations Board ("Board") announced that he had authorized complaints against McDonald's, USA, LLC ("McDonald's USA"), for alleged violations of the National Labor Relations Act ("NLRA" or "the Act") by the company and its franchisees. This report examines the Board's existing joint employer standard. The report also reviews Browning-Ferris Industries of California , the case that prompted the General Counsel's amicus brief, and the unfair labor practice allegations involving McDonald's USA. The NLRA and the Board's Joint Employer Standard

The NLRA recognizes the right of employees to engage in collective bargaining through representatives of their own choosing. The General Counsel encouraged the Board to adopt a new standard that considers the totality of the circumstances, including how the alleged joint employers have structured their commercial relationship. Whether the Board will adopt a new joint employer standard is not clear.
This report examines the standard used currently by the National Labor Relations Board ("Board") to determine whether two businesses may be considered joint employers for purposes of the rights and protections afforded by the National Labor Relations Act ("NLRA"). In a June 2014 amicus brief filed with the Board, the Board's General Counsel encouraged the adoption of a new joint employer standard that would consider the totality of the circumstances, including how the alleged joint employers have structured their commercial relationship. Following the filing of the amicus brief, the General Counsel also authorized complaints to be filed against McDonald's, USA, LLC ("McDonald's USA"), and its franchisees, as joint employers, for alleged violations of the NLRA. These activities may arguably suggest that a change in the Board's joint employer standard may be imminent.
In addition to reviewing the Board's joint employer standard, the report also discusses Browning-Ferris Industries of California, the case that prompted the General Counsel's amicus brief, and the unfair labor practice allegations involving McDonald's USA.