Dunkin’ Doings, Or Maybe Didn’ts

A 13-year old court case has finally been put to bed once and for all as the Supreme Court of Canada rejected a final appeal by Dunkin Brands Canada, Ltd.  The case was brought in 2003 by Dunkin’ franchisees in Quebec province who alleged that Dunkin’ didn’t live up to its obligation to promote the…

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EEOC Opens New Front in Discrimination War

The Equal Employment Opportunity Commission (EEOC) has broadened the fight to eliminate discrimination in the workplace by filing lawsuits against two employers for sexual harassment against a gay and lesbian worker.  The commission has ruled in the past that the anti-discrimination provisions of the Civil Rights Act of 1964 are expansive enough to protect gay…

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New York Appeals Court Halts Sodium Warning

Just one day before fines and penalties were scheduled to begin, the New York state appeals court has granted a temporary stay in the National Restaurant Association’s lawsuit challenging the validity of New York’s new sodium warning requirement.  Just last week, NY supreme court justice Eileen Rakower threw out the NRA suit and dismissed their…

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IFA Files Amicus in NY Fast Food Challenge

The International Franchise Association (IFA) on Monday filed an amicus brief in conjunction with the National Federation of Independent Business (NFIB) supporting a lawsuit challenging the NY fast-food minimum wage.  The National Restaurant Association (NRA) originally challenged the discriminatory ‘fast-food-only minimum wage increase’ when it was first mandated by the NY Fast Food Wage Board,…

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New Mexico Upholds Employee Firing for Marijuana

As more states authorize the use of marijuana for medical purposes, the body of law establishing parameters to govern its use becomes more important and far-reaching.  In a recent decision, the termination of an employee in New Mexico who legally used marijuana for a medical condition was upheld by the court.  Notwithstanding that the employee…

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IFA Appeals Seattle Discrimination to SCOTUS

The International Franchise Association (IFA), which filed suit in 2014 against the City of Seattle after it passed a $15 minimum wage law that discriminates against the franchise business model, has appealed the dismissal of the case, subsequently upheld by the US 9th Circuit Court of Appeals, to the Supreme Court of the United States…

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DOL Issues New Guidance on Joint-Employer

The Department of Labor this week released a new interpretation on the joint employer issue that franchisees need to be aware of.  David Weil, Administrator of the DOL’s Wage and Hour Division, and the individual most responsible for the application of joint employer as it relates wage and overtime protections released the guidance and then…

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New Year Means New Requirements

With the New Year, also comes a host of new requirements on businesses.  For many states across the nation, the increased minimum wages translate into new employee information posters being required in all businesses.  In other states, changes to different statutes governing employment law may mean that new posters are required even if the wage…

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More NLRB Regulatory Rewrites

The National Labor Relations Board (NLRB) continues to rewrite a host of definitions under the National Labor Relations Act, much to the dismay of many business interests.  Just over a month ago, and coming on the heels of the Browning-Ferris decision that speaks to joint employer status in third party business relationships, the Board ruled…

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New Jersey Meeting Next Week

With the seemingly endless array of significant changes to employment law happening around the country, franchise owners are encouraged to stay up to date on their obligations as an employer.  Those of you in New York and New Jersey are reminded that DDIFO will host a member meeting next Tuesday, December 15 at the Doubletree…

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