Right To Work Upheld in Indiana

In neighboring Indiana, the state Supreme Court has unanimously upheld the state right to work law, dealing a blow to organized labor, which had strongly opposed the law when it was passed in 2012.  Generally, Right to Work laws prohibit an employer from requiring union membership or requiring the payment of any monies (including union…

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Meet the New NLRB, Same as the Old NLRB

Last year, in a unanimous opinion, the US Supreme Court struck down President Obama’s recess appointments to the National Labor Relations Board as unconstitutional because the Senate was not in recess at the time (NLRB v Noel Canning).  Subsequently, an agreement was reached between the President and the leadership in the US Senate that would…

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Private Property Rights Further Eroded

In a recent decision that may shock private property advocates throughout the country, the Massachusetts Supreme Court released its decision in the case of Glovsky v Roche Bros. Supermarkets, Inc. in which they essentially determined that private property would qualify as public space for the purpose of access in those cases where the private retail…

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Now NLRB Tackles Independent Contractors

Coming just months after the egregious “joint-employer” ruling by the NLRB General Counsel, the agency has again come down on the side of enhancing labor’s unionizing capabilities at the expense of business.  Our friends in the Hartford office of Murtha Cullina advised us that last week the National Labor Relations Board ruled that FedEx Home…

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Class Action Brought Against Dunkin’ Franchisee in Pittsburgh

As if these stories are all somehow related, class action lawsuits against Home Depot are one thing, but yesterday, we learned of a proposed class action suit filed in Pennsylvania federal court last week alleging that a Dunkin’ Donuts franchisee incorrectly categorized several assistant managers as overtime-exempt employees.  The proposed class, consisting of at least…

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California Supreme Court Counters NLRB

In an important decision in the case of Taylor Patterson v Dominos Pizza rendered last week, the California Supreme Court ruled that Domino’s Pizza could not be held liable for sexual harassment that was alleged to have been perpetrated by a store manager.  The decision is the polar opposite of the ruling issued by the…

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No News On IFA Injunction vs. Seattle Minimum Wage

The federal court has yet to rule on the International Franchise Association’s (IFA) motion for a preliminary injunction to prevent implementation of the new municipal minimum wage law until the court hears the IFA challenge.  You will recall that the Seattle law, signed into law back in June of this year, provides a 7 year phase-in for…

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IFA Sues Over Seattle $15/Hour Minimum Law

As had been anticipated, the International Franchise Association has filed a legal action challenging the passage and enactment of Seattle’s new $15/hour minimum wage.  The lawsuit, which had been promised by the IFA since last week, challenges the validity of the Seattle ordinance under a broad and lengthy array of charges including: violating the US Commerce…

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Seattle Approves $15/Hour Minimum

As expected, the Seattle City Council this week voted to increase the minimum wage to $15 per hour on a phased in schedule.  By a vote of 9 – 0, the Council approved an amended version of the proposal pushed by Seattle Mayor Ed Murray and the $15 Now organization.  The ordinance requires those companies…

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Unions Can Accompany OSHA During Inspections – CML Alert

We advised you of this issue in the March 28, 2014 Small Regular No Sugar when it first came to our attention, but it is important enough where we wanted to revisit it.  Our friends at Sesco Management Consulting have issued another advisory on an interpretation letter published by the Occupational Safety Hazard Administration (OSHA)…

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