The National Labor Relations Board’s top lawyer recently threw the fast food industry into turmoil by indicating that McDonald’s could be jointly responsible for employees, along with its franchisees. But other NLRB actions and court decisions have taken the issue of joint employers, independent contractors and leased employees far beyond a single industry. These changes could profoundly impact the liability and responsibility companies have regarding contractors and contingent employees. Consider:
In that case, Maurice Knox, an employee of a subcontractor, sued Skanska claiming racial discrimination and retaliation. The appeals court found that Skanska routinely directed and controlled that employee’s work while the staffing agency had “minimal oversight.”