Last week, the General Counsel at the National Labor
Relations Board upended
the traditional joint-employer analysis by holding that McDonald’s could be
liable for labor violations that occur at a franchise location. While House Speaker John Boehner called the
General Counsel’s announcement the NLRB’s “latest
radical overreach,” big labor celebrated.
But what does it all mean?
First off, McDonald’s (and other franchisors) are not going to be unionized
overnight. Second, the General Counsel’s
ruling is very preliminary. There are many, many more steps that will
have to occur before McDonald’s will be held liable for any labor violations or
be forced to collectively bargain with any of the unions purported to represent
employees. And remember that the
decisions of the NLRB General Counsel are not legal precedent. They may be persuasive in many contexts, but they
do not carry the same weight that court decisions do. The decision will have an impact, but expect
business groups like the U.S. Chamber of Commerce, to take action and remember
to watch what legislatures and courts do on this issue.
In other developments:
Discrimination
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A male employee sued his employer for gender discrimination when his supervisor gave a female co-worker better work assignments and bonuses when she allegedly had an affair with the supervisor. The Tenth Circuit threw out his case, ruling that the supervisor’s favoritism disadvantaged men and women equally.
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The EEOC sued Harold Washington College for age discrimination after the college passed over a 66-year-old adjunct for a full-time faculty position.
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While the law doesn’t prohibit discrimination based on attractiveness, Michael Haberman discusses the issue and reminds us that the focus should be ability and job-related skills, not looks.
Technology
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Jason Averbook discussed the use of big data in HR and concludes that companies need the right data, not just more data.
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While there is debate over whether companies need brick and mortar, the rise of the telecommuter suggests some may not.
Wage & Hour
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With the rise of telecommuting and consultants, is the future of work piecework and independent contractors?
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The Department of Labor found that Department of Veteran’s Affairs contractor failed to properly pay 52 employees – totaling $616,187 in unpaid wages.
Other Developments
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Jeff Nowak posited that FMLA leave for headaches causes both consternation and liability.
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The White House issued another new Executive Order establishing limits on federal contractors. It prohibits arbitration agreements, requires reporting of employment and labor law violations, and requires detailed paychecks.
Posted by: Kate Bischoff
