panies that don’t franchise need to be aware of the NLRB’s changes in direc- tion and increasing activity.
A joint
employer claim could be made regard- ing other workers that may be present in the workplace, such as contract or temporary employees. To prevent be- ing blindsided by any new develop- ments or decisions, companies should take several steps:
Stay on top of new developments While the McDonald’s matter
could drag on for years, companies that could be potentially affected need to monitor any new activity carefully. This will help be proactive in case ad- verse or dramatic rulings could impact long-standing standards and accepted ways of doing business.
Involve HR and Legal Any adverse rulings against Mc-
Donald’s will cause ripple effects for hiring, staffi ng, liability and other ar- eas. Companies should begin now to loop in different stakeholders, includ-
ing the human resources and legal de- partments. This will help to ensure that everyone at the company is involved and educated, and that the company is speaking with one voice. Companies should also work with their outside counsel to understand all the legal ramifi cations and prepare a plan for moving forward, if necessary.
Understand the politics Many of the actions involved with
recent NLRB activity revolve around unions trying to increase their num- bers after years of declining member- ship. In many cases, unions are being met with sympathetic responses from elected offi cials and appointed boards. In order to ensure the best interests of organizations and their employees, companies need to be realistic about the political, legal and economic en- vironment that is driving many NLRB rulings and decisions. For companies that have struggled
to stay afl oat during recent economic and political events, the McDonald’s
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case represents another challenge. By preparing now, companies can work to minimize any adverse impacts from the NLRB.
Richard D. Alaniz is senior
partner at Alaniz Schraeder Linker Farris Mayes, L.L.P., a national la- bor and employment fi rm based in Houston. He has been at the forefront of labor and employment law for over thirty years, including stints with the U.S. Department of Labor and the National Labor Relations Board. Rick is a prolifi c writer on labor and employment law and conducts frequent semi- nars to client companies and trade associations across the country. Questions about this
article, or
requests to subscribe to receive Rick’s monthly articles, can be ad- dressed to Rick at (281) 833-2200 or
ralaniz@alaniz-schraeder.com.
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