NLRB actions and court decisions have taken the issue of joint employers, independent contractors, and leased employees far beyond a single industry. These changes could profoundly impact the liability and responsibility companies have regarding contractors and contingent employees.

With the recent decision that McDonald’s and its franchisees could be joint employers, the National Labor Relations Board’s (NLRB) general counsel has continued a series of far-reaching actions that could upend how many American companies conduct business.

The Obama Administration and its union and academic supporters dislike some of the methods by which manufacturers and distributors manage the supply chain. The Administration distrusts the shift of “non-core functions” from large manufacturers to specialized companies and more closely scrutinizes supply chains.

Positive workplace policies have long been uncontroversial. Typically, these policies set the expectation for employees that they will represent their employer in a positive light, and won’t make negative comments or engage in gossip. This seems common sense — what could go wrong?