But a Tiger Can’t Change Its Stripes

Just when you hope the NLRB is showing balance between labor and business, we learn of a decision they rendered in a Connecticut dispute (that was overturned by the federal court).  Our friends at Bennett Law Firm advised us this week that the DC Court of Appeals overturned the NLRB in a 5 year old…

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NY Court Strikes Styrofoam Ban

Two days ago, the New York City ban on Styrofoam cups and food containers was struck down by a Manhattan Supreme Court justice.   Judge Margaret Chan rejected the contention of NYC Sanitation Commissioner Kathryn Garcia that expanded polystyrene was not recyclable in the face of evidence to the contrary presented by plaintiffs Dart Container Corp…

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Federal Court Validates “Ambush Elections”

US District Court Judge Amy Berman Jackson for the District of Columbia validated the NLRB “ambush election” rules in her decision last week on a challenge brought before the DC court by the business community.  Judge Jackson characterized the challenge as a disagreement with “choices made by the agency entrusted by Congress with broad discretion…

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“One Toke Over The Line”

As medical and recreational use of marijuana gains more acceptance in states across the country, employers must be diligent in exercising care to comply with employment laws.  Bennett Law Firm advised us this week of a recent decision by the Supreme Court of the state of Colorado that found in favor of the employer.  In…

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Employers Must Accommodate Transgender Employees

Right alongside EEOC, we have the Occupational Safety and Health Administration (OSHA).  Ostensibly charged with ensuring the safety of the nation’s workforce, OSHA responded to a request by the National Center for Transgender Equality by issuing a guidance advising employers that they must accommodate employees based on the gender with which the employee identifies.  Incredibly,…

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ACA Reporting Requirements

With all the various legal hurdles now having been cleared, the Affordable Care Act is the law of the land and consequently, employer reporting requirements are now kicking in.  The IRS has issued a number of draft reporting forms and certain large employers will be required to submit their reports electronically.  Consequently, employers are well…

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California Teachers Challenge Union Dues Requirement

SCOTUS, the Supreme Court of the United States, has granted a petition and will hear a case brought by Rebecca Friedrichs and nine other California Teachers challenging the requirement that they pay the equivalent of full union dues in order to retain their position as public teachers.  The non-profit law firm, Center for Individual Rights,…

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Obamacare Confirmed, Restaurant Industry Wants Changes

In the wake of the Supreme Court (SCOTUS) decision ratifying the Affordable Care Act as constitutional, the National Restaurant Association, National Council of Chain Restaurants and a host of other industry groups advocate that Congress change the law to make it more workable for all affected industries.   Although most of these groups have opposed the ACA…

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New York City Styrofoam Ban Takes Effect

When the calendar turned to July this week, it marked the end of polystyrene food containers in New York City, including Dunkin’s iconic foam coffee cups.  Although the ban formally took effect on the first of this month, there is a 6 month grace period for the phasing out of all foam food containers meaning…

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SCOTUS Upholds ACA & IRS Ends Reimbursements

Notwithstanding the big news in today’s papers that the US Supreme Court (SCOTUS) decided in the King v. Burwell decision to uphold the funding mechanisms for the Affordable Care Act, Internal Revenue Service rules next week officially end the transitional exemption from the excise penalty for a small employer (generally less than 50 employees or…

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