Labor/Employment,
9th U.S. Circuit Court of Appeals
Dec. 12, 2019
9th Circuit won’t hear wage theft allegations against McDonald’s en banc
In an opinion issued Wednesday, 9th Circuit jurists ruled the previous panel “correctly concluded that McDonald’s did not meet the ‘suffer or permit’ definition of employer” and could not be classified as an employer of its franchisee’s workers.
The 9th U.S. Circuit Court of Appeals denied en banc consideration Wednesday to rehear a case accusing McDonald's Corp. of wage theft, reaffirming the court's earlier ruling the fast-food chain was not responsible for violations committed by a franchisee.
Two of the three original panel judges -- Circuit Judges Susan P. Garber and
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Amended Opinion: Salazar v. McDonald's Corp.
Because franchisor did not retain control of day-to-day aspects of work at franchises, and merely asserted quality control, franchisor was not a joint employer of franchisee.
