The Fight for $15 union told the National Labor Relations Board that two appointees from the Trump administration should sit out of the McDonald's joint-employer dispute due to a supposed conflict of interest. Both of the appointees had previously worked for law firms closely tied to McDonald's.

David Rosenfeld, a lawyer who represents unions said the appointees will most likely claim they have "nothing to do" with the McDonald's case, but he is skeptical.

However, Ballard Spahr Partner, Steven Suflas, questioned where the NLRB would even find qualified board candidates if private practice attorneys are excluded. Suflas said, "…all of this is moving far beyond the typical rules of professional conduct dealing with conflicts of interest."

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