by César F. Rosado Marzán In Epic Systems v. Lewis, Supreme Court Justice Neil Gorsuch and four conservative Justices determined that class action waivers are enforceable, not least because of the Federal Arbitration Act’s (FAA) strong protection of arbitration agreements. Class action waivers are enforceable despite the National Labor Relations Act (NLRA), which provides workers...Read more →
Last week, Professor Cesar Rosado Marzán appeared on University of Pennsylvania’s Knowledge@Wharton to discuss the ongoing NLRB labor law disputes with McDonald’s. From the interview:
McDonald’s appears to be in a tight spot, with problems looming whichever direction it goes. “If McDonald’s is found to be liable for the labor law violations of its franchisees, then as a joint employer it could end up at the bargaining table,” said Cesar . . . If, on the other hand, it doesn’t support the franchise operators, he agreed that it might end up earning the latter’s wrath.
Prof. Rosado Marzán continued,
“If McDonald’s is found to be essentially liable for the labor law violations of a franchisee, it means that it’s a joint employer according to the NRA. And if such, then it may end up on the bargaining table if, at some point, McDonald’s workers decide to bargain collectively […] with the corporation.” (more…)