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Cato Podcast

Looming Labor Rules Would Punish Franchises

Cato Podcast

Cato Institute

Immigration, News, News Commentary, Peace, 424708, Markets, Government, Libertarian, Policy, Politics, Cato, Defense

4.5979 Ratings

🗓️ 8 August 2014

⏱️ 7 minutes

🧾️ Download transcript

Summary

A National Labor Relations Board ruling could pave the way for unionization of workers at franchised establishments, but it would also punish companies that adopt the franchise model. Walter Olson analyzes the ruling.

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Transcript

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0:00.0

This is the Cato Daily Podcast for Friday, August 8th, 2014.

0:06.7

I'm Caleb Brown.

0:07.8

When a franchisee abuses a worker, there may soon come a time when the franchise

0:12.2

or, a company like McDonald's will be held legally

0:16.0

liable. It would be a new turn in labor law with some problematic implications. Walter Olson,

0:22.0

a senior fellow at the Cato Institute, offers his analysis.

0:26.8

So the top prosecutor for the NLRB has rejected a claim by McDonald's with some big implications for a lot of companies, which is that

0:38.6

they are not effectively the boss of people who work for McDonald's franchises, which of course are distinct legal

0:48.4

entities.

0:49.4

So what does that mean?

0:50.4

Why do we care?

0:51.4

Until recently, it would have been taken as simply a subtle law that McDonald that franchises. Franchising law is set up so that as a small business that operates,

1:07.0

some restaurants, you sign a contract.

1:09.3

It has a lot of requirements having

1:11.6

to do with the quality of the experience, but you remain the employer,

1:15.5

you remain the business in charge of a lot of different decisions.

1:20.2

And the National Labor Relations Board is now attempting to change the subtle law quite drastically

1:28.7

with the proposition that in the McDonald's franchising situation and potentially in a lot of other

1:35.8

situations franchising non, the seemingly distant large brand or corporation is really a joint employer which is jointly liable for any

1:46.5

labor violations they may find on the scene at the local restaurant.

1:50.0

Okay so I'm thinking through the implications of this, there are a lot of institutions that hire, that

1:57.6

contract with cafeterias to, or companies that hire workers?

...

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