Browning-Ferris Back in Court

The US Circuit Court of Appeals for DC has accepted the Browning-Ferris case for consideration again in the wake of the NLRB vacating its decision in Hy-Brand Industrial Contractors that overturned the new joint employer definition established by the NLRB under President Obama in the Browning-Ferris decision. After the original Hy-Brand decision, the court remanded…

Read More »

DOL Clarifies Tip Pooling Rules

The US Department of Labor this week issued Field Assistance Bulletin (FAB) 2018-3 on the impact of the tip pooling provisions contained in the Omnibus Spending Bill signed into law by the President a few weeks ago. The FAB makes clear that employers who pay the full FLSA minimum wage are no longer prohibited from…

Read More »

DDIFO National Conference

We are only two short months away from the 2018 DDIFO National Conference, on June 11 & 12 at Harrahs New Orleans Hotel & Casino in New Orleans, Louisiana! We will be announcing the complete program agenda within the week or so, but we can tell you that the Welcome Reception will be held on…

Read More »

Maryland Passes Tax Credits As Session Ends

The Maryland legislature adjourned the current session on Monday of this week, but not before passing Governor Larry Hogan’s sick leave tax credit program. Governor Hogan vetoed Maryland Healthy Working Families Act (mandated sick leave) passed at the end of last session, but his veto was quickly overridden by the democrat-dominated legislature at the beginning…

Read More »

9th Circuit Limits Salary History Use

The US 9th Circuit Court of Appeals this week ruled that Fresno County could not pay an individual female employee less than a male counterpart because of the woman’s lower salary history. An 11-judge panel of the San Francisco-based court unanimously ruled that doing so would violate the federal Equal Pay Act of 1963 and…

Read More »

More on Pay Equity

As proof of the proliferation of pay equity laws and new restrictions on the hiring process, we noted that New York Governor Andrew Cuomo has proposed legislation that would ban private employers from inquiring into or considering an applicant’s salary history when setting compensation. Last year, he issued Executive Orders #161 and #162, which prohibit…

Read More »

Little Rhody, Big Problem

Rhode Island has its own version of a pay equity law moving through its legislature that gives us great cause for concern. So much so that we wanted to separately identify it for you here! This week, the Senate Labor Committee unanimously recommended passage of S.2475, which allows employees to be paid differently if the…

Read More »

Philadelphia Soda Tax

There seems to be a lot more “he said, she said” over the Philadelphia soda tax and how much that money grab is affecting small businesses in the city. Last month, the Controller criticized the administration for not spending the funds as originally intended but rather salting most of it away (74% or $63 million…

Read More »

Miscellaneous

We noted that the Small Business Administration in conjunction with the SCORE Association will be hosting a virtual conference to celebrate small business week on May 1 through May 3. The array of webinars available, all of which are free and open to the public, can be accessed here. And finally, the monthly Miller Pulse…

Read More »

Hy-Brand Asks NLRB To Reinstate

It was the decision that was  . . . until it wasn’t, of course. And now, the plaintiff in that case, Hy-Brand Industrial Contractors has asked the National Labor Relations Board to reinstate its original decision, which the Board vacated in February – a decision in favor of Hy-Brand and one that overturned the new…

Read More »