Joint Employer Rule + WARN Act + Employees' Social Media + Strong Misconduct Policies + COVID-19 & Vaping

Last week, a federal judge in the Southern District of New York struck down most of a U.S. Department of Labor rule that limited when multiple businesses may be liable to the same worker under federal wage law, the so-called "joint employer rule." The decision undoes one of the Trump Administration key reforms of federal labor policy and is the latest chapter in the ongoing struggle over the reach of the Fair Labor Standards Act into critical areas of the economy such as franchising and businesses that utilize contract labor or staffing agencies.

Sex, Lies and the C-Suite: How McDonald's Clawback Battle Highlights Need for Strong Misconduct Policies

August 26, 2020 via Restaurant Dive

As this lawsuit shakes out, the mega chain has an opportunity to bolster its corporate governance guidelines and values to make clear what employee behavior won’t be tolerated, Juliette Gust, co-founder of workplace misconduct reporting channel Ethics Suite, said. So far, Gust feels that the fast food giant has failed to give its internal standards teeth as sharp as its lawsuit language.