The Labor Department has released a proposal that would limit claims against big companies for employment-law violations by franchisees or contractors. According to the new proposal, four factors are capable of establishing joint employment: whether the upstream company exercises the power to hire and fire employees; whether it supervises them and controls their schedules; whether it sets their pay; and whether it keeps up their employment records.
The department gives the example of an individual who works 30 hours per week as a cook at one restaurant establishment, and 15 hours per week as a cook at a different restaurant establishment affiliated with the same nationwide franchise. These establishments are locally owned and managed by different franchisees that do not coordinate in any way with respect to the employee. These restaurants would not be considered joint employers of the cook. However, if the cook works at two different restaurant establishments owned by the same person and the restaurants coordinate and set the cook's schedule of hours at each location, the cook works interchangeably at both restaurants, and the restaurants pay the cook the same hourly rate, they would be joint employers.
Related: McDonalds to Stop Fighting Minimum Wage Hike; NYC Restaurant Jobs Decline for First TIme in Decade.
from Foodservice https://ift.tt/2WGhZNJ
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