NLRB puts new handcuffs on restaurants

A Burger King franchisee cannot prohibit employees from coming on the premises when they’re not working because the policy violates the staffers’ legal protections to push for unionization, the National Labor Relations Board ruled Monday.

The Board also decided that the 22-unit Michigan franchisee had violated federal law by prohibiting a team member from loudly complaining during a staff meeting about her wages, hours and working conditions. Those complaints can be aired anywhere in the restaurant, including the dining room.

The operator, EYM King of Michigan, was expressly directed to allow employees to make false statements or distribute false information about the business if the staffer doesn’t know content is erroneous.

The NLRB judge also ruled that intentionally mis-assembling food items wasn’t sufficient cause to send an angry kitchen worker home.

In all, the NLRB issued 11 cease-and-desist directives to EYM.

The decision by Administrative Law Judge Arthur Amchan was the latest action by the NLRB to be viewed as a ground-shaker by the business community and restaurants in particular. The agency recently decided that a Jimmy John’s franchisee couldn’t stop employees from posting notices directed at customers that the food was bad because of the low wages and morale-eating working conditions.

It also issued a decision to McDonald’s that the franchisor was a co-employer of all franchisees’ staffs, making it subject to lawsuits filed by the people on a franchise restaurant’s payroll.

Members help make our journalism possible. Become a Restaurant Business member today and unlock exclusive benefits, including unlimited access to all of our content. Sign up here.

Multimedia

Exclusive Content

Financing

Inside the Starbucks turnaround

The coffee shop giant has spent the past 18 months returning to its roots as a coffee shop where customers want to stay. Now the company plans to go on offense.

Technology

Why a Dunkin' franchisee is using AI to count its doughnuts

Tennessee-based Bluemont Group was throwing away millions of dollars' worth of unsold doughnuts a year. Enter Do’Cast, an AI camera system that is helping it match supply with demand.

Financing

Chipotle and Taco Bell had very different years in 2025

The Bottom Line: The two Mexican chains have long been among the industry’s most consistent performers. But that changed last year, at least for one of them.

Trending

More from our partners