Steven M. Swirsky, a Member of the Firm in the Labor and Employment and Health Care and Life Sciences practices in the New York office, was quoted in an article titled "5 Steps For Franchisors to Avoid Joint Employer Claims." (Read the full version – subscription required.)
Following is an excerpt:
Following a recent decision by the National Labor Relations Board's general counsel to treat McDonald's Corp. as a "joint employer" of workers at franchised restaurants, lawyers expect to see an uptick in employment claims against franchisors and companies with outsourced services but say companies can take steps to avoid landing in legal hot water.
More suits also are likely to target businesses that have historically outsourced functions, such as janitorial, cafeteria and security guard services, according to Steven Swirsky, member of Epstein Becker & Green PC.
"I could see a new round of claims of joint employer status in a lot of arrangements other than the franchisor/franchisee relationship, including where businesses have outsourced services," he said. "And I anticipate that cases could come up not just over unfair labor practices, but over worker benefits, workplace safety and other employment claims."
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