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Chains like McDonald’s, which has more than 14,000 locations in North America, the majority of them independently owned, have long argued that they are not liable for the behavior of employees at franchisees’ stores. (A case that may decide whether McDonald’s is a joint employer of its franchisee staff is currently before the National Labor Relations Board.)
“This is a company that has especially used the franchise model as a shield,” said Gillian Thomas, a senior staff attorney with the ACLU Women’s Rights Project. “It’s determining literally the pattern that the sauce makes on the hamburger — it has a special machine that does that. And then throws up its hands and says, we can’t be responsible for how people operating those machines behave.”
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