IFA Injunction Denied by Federal Court over Seattle Law

In a clear blow to franchise industry interests, the International Franchise Association’s lawsuit seeking to enjoin the Seattle Minimum Wage law from taking effect as scheduled on April 1 was denied by the Federal Court in Seattle.  In its decision, the court rejected every IFA argument that allowing certain provisions of the law to take…

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Challenge to Obama Care Tax Credits Heard by SCOTUS

The US Supreme Judicial Court heard arguments this week on the issue of tax credits being utilized in the Affordable Care Act.  The issue stems from language in the health care law (“We have to pass the health care bill so we can find out what’s in it.” – then-Speaker Nancy Pelosi) that authorizes a…

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Lawsuit Effort to Expand “Joint-Employer”

We’re all following the NLRB push to include franchisors as “joint employers” so as to ease unionizing efforts, but now comes a new fight to expand that definition.  Last week, 10 former employees of a Virginia McDonald’s restaurant filed a civil rights suit alleging racial harassment and discrimination against the franchisee, but the lawsuit also…

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Federal Court Strikes “Joint-employer”

It may not have been the McDonalds case that brought the issue to the forefront and it may not be a direct challenge to the new NLRB definition, but a federal District Court has dismissed a “joint-employer” argument in a case involving franchisor Massage Envy. In the case of Vann v Massage Envy Franchising LLC,…

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SCOTUS Passes on Another Major Challenge

As its mandates begin to take effect, the Affordable Care Act dodged another legal bullet this past week when the Supreme Court of the United States (SCOTUS) declined to hear an appeal of a suit brought by the Association of American Physicians and Surgeons challenging the requirement for recertification of physicians as well as a…

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Court Strikes Dept of Labor OT Ruling

Although it clearly doesn’t impact the QSR industry, we’re certainly pleased to learn that a federal court in Washington DC has struck down portions of a ruling of the Department of Labor mandating minimum wages and overtime pay for certain home health companion workers employed by third party businesses.  The decision will hopefully serve to…

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AG Holder Expands Title VII

As if to buttress Judge Leon’s statement, lame-duck US Attorney General Eric Holder has expanded the definitions contained in Title VII of the Civil Rights Act of 1964 by including discrimination against transgender individuals as a violation of the federal law.  Technically, Holder reversed an earlier decision by the Department of Justice that Title VII…

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NLRB Goes to Next Level

The National Labor Relations Board this week took what their general counsel has been threatening for the past few months, filing 13 complaints against McDonald’s franchise owners – and naming McDonalds Corporation as a co-defendant in the action.  The charges allege some 78 violations of employee rights to organize and collectively bargain, but most importantly,…

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NLRB Authorizes Email Organizing

It was designed as a neutral agency that would ensure fair application of the nation’s labor laws, but the new focus of the National Labor Relations Board seems to be anything but.  Last week, in the first of a couple of egregious rulings, the agency decided by a 3 – 2 vote in a case…

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Then They “Ambushed” Business

One day after their email ruling, the NLRB issued another doozy – this one, their final ruling on the “ambush” or “quickie” election, long sought by organized labor.  The new rule will effectively reduce, rather significantly, the amount of time an employer has to prepare for a union election.  The new rule provides that businesses…

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