Have It Their Way: Burger King Franchise Refuses To Rehire Pro-Union Employee, Court Gives Them A Whopper
- Written by Michael C. Saqui & Gregory Blueford
Last week, a federal appellate Court upheld a National Labor Relations Board (“NLRB”) ruling that a Burger King franchisee violated the National Labor Relations Act (“NLRA”) when it refused to hire an employee because the employee had previously engaged in union activity. The franchisee purchased a Burger King franchise in 2015 where employee Terrance Wise (“Wise”) had worked since 2012. During his employment at Burger King, Wise had taken a leadership position with the Worker’ Organizing Committee, which advocated for fast food workers to earn $15 per hour. Wise was also involved in unfair labor charges brought against the franchise at which he worked. After the sale was completed, Burger King rehired the general manager and several other employees but did not rehire Wise. Wise then filed charges with the NLRB.
- Written by Michael C. Saqui and Jason Yang
As we reported here and here, the Supreme Court is currently reviewing three consolidated cases in order to resolve a split among the circuit courts regarding the legality of class action waivers in employment contracts under the National Labor Relations Act (“NLRA”). Under the Obama Administration, the DOJ had defended the National Labor Relations Board’s position that class action waivers violated the NLRA. However, in a move widely expected following President Trump’s election win, the Department of Justice (“DOJ”) recently reversed its position, arguing in an amicus brief filed with the Supreme Court that class action waivers do not violate the NLRA and asking the Supreme Court to uphold the use of class action waivers.