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Tuesday, August 19, 2025

Joint Employer Liability Under the Wage-and-Hour Laws - Law.com

When the National Labor Relations Board's (NLRB) Office of General Counsel announced in August that it was authorizing complaints against both McDonald's store owners and corporate McDonald's USA LLC as so-called "joint employers," the employer community was abuzz, fearing wide-reaching application of the National Labor Relations Act (NLRA) to corporate entities, or franchisors, that were removed from the day-to-day operation of the business. While there has not been a similar singular moment in the wage-and-hour arena, over the last several years workers have attempted to expand the concepts of "employer" and "employee" under the Fair Labor Standards Act (FLSA) and state wage-and-hour law in an effort to obtain additional potential reservoirs of recovery.



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