E-Blasts

In a press release issued July 31, 2018, the Department of Justice (“DOJ”) and Department of Labor (“DOL”) announced that they had formalized a partnership aimed to “protect U.S. workers from discrimination and combat visa abuse.” You can read the press release here. The partnership will allow for increased collaboration between the two Departments, including streamlining the process for sharing information regarding work visas. The press release touts a program launched by the DOJ Civil Rights Division called the “Protecting U.S. Workers Initiative” under which the DOJ launched dozens of investigations, filed a lawsuit, and reached settlement with some employers—including collecting $285,000.00 in back pay for affected U.S. Workers.

Judge Rejects McDonald’s Proposed Settlement to Avoid Joint Employer Label

As we previously reported here, in 2014 the Obama-era National Labor Relations Board’s (“NLRB”) Office of the General Counsel issued 13 complaints involving 78 charges against McDonald’s USA, LLC and several McDonald’s franchisees. The Complaints seek to hold McDonald’s as a joint employer for franchisees’ alleged labor law violations. McDonald’s liability turns on whether the company is a joint employer of the franchisees’ employees and focuses largely on the degree of control retained by McDonald’s over the working conditions of the franchisees’ employees.

On May 30, 2018, the California Fifth District Court of Appeal vacated an Agricultural Labor Relations Board’s (the “ALRB” or “Board”) prior Order to set aside an election to decertify the United Farm Workers (“UFW”) as the bargaining representative for Gerawan Farming, Inc.’s (“Gerawan”) agricultural employees.

In 2014, the National Labor Relations Board’s (“NLRB”) Office of the General Counsel issued 13 complaints involving 78 charges against McDonald’s USA, LLC and multiple McDonald’s franchisees all over the country. The complaints alleged a variety of unfair labor practices by the franchisees and McDonald’s USA as a joint employer, including taking unlawful actions against employees for “participating in nationwide fast food worker protests about their terms and conditions of employment,” namely the Fight for $15 campaign. The parties have been engaged in an ongoing trial since 2015.

On May 14, 2018, the Agricultural Labor Relations Board (“ALRB” or the “Board”) issued a decision and order affirming an Administrative Law Judge’s (“ALJ”) finding that the United Farm Workers (“UFW”) engaged in threats and coercive activities, violating employees’ rights guaranteed by the Agricultural Labor Relations Act (“ALRA”).

Last week, the National Labor Relations Board (“NLRB”) published an advice memorandum written last year by the Office of the General Counsel (“OGC”) concluding that EZ Industrial Solutions, LLC (“EZ”) violated the National Labor Relations Act (“NLRA”) by terminating 18 employees after they participated in the “Day Without Immigrants” protest in February of 2017.

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