CIHLER Blog Contributions Analyze the NLRB’s “Big Mac” Decision

Center academic director David Sherwyn, who is a professor of law at the School of Hotel Administration, contributed a guest post to the “OnLabor” blog. He examined a recent decision by the National Labor Relations Board that declared McDonald’s is a joint employer with its franchisees. The board’s decision rests on the level of control that McDonald’s maintains over its franchisees’ operations, despite more than five decades of practice in which the franchisee is viewed as the employer with regard to wage-hour issues. In his post, Sherwyn points out that franchisors of all types are careful not to step over the line of exercising more control than is allowed by law. Given the corporation’s acumen, it’s unlikely that McDonald’s has stepped over that line. The OnLabor blog was established by two professors at the Harvard Law School for the express purpose of discussing matters relating to workers, unions, and their politics...read more.