Getting Sick Of NLRB

The National Labor Relations Board, now with all seats appointed if not yet filled and confirmed by the Senate, pretty much continues to make business sick with some of its anti-business decisions. Fortunately however, the courts are there to correct and undo the excesses of the (rogue?) independent agency until the full complement of members…

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Joint Employer Briefs to SCOTUS

Perhaps the lightening rod of all NLRB decisions during the tenure of General Counsel Griffin was the Board’s rewriting of the definition of joint employer. As the Browning-Ferris decision reverberated through business circles, the NLRB upped the ante when they began liberally applying their new standard to an array of industries and companies (McDonald’s, DirectTV,…

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Speaking of Paid Sick Leave

There are two fronts to cover this week on the broader subject of paid sick leave – one at the federal level and the other from the west coast. In Washington, DC, first daughter and presidential advisor, Ivanka Trump, continues to push adoption of a paid leave policy on a national basis that she describes…

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Arizona, Washington Enact Sick Leave

As evidence of the above comment, the states of Arizona and Washington added themselves to the litany of states mandating that private employers provide paid leave to their employers. In Washington, Governor Jay Inslee signed a bill into law earlier this week that provides eligible employees with 12 weeks of paid time off for the…

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Court Stays Cook County Soda Tax

A Cook County Circuit Judge granted a temporary injunction enjoining the implementation of the new Cook County penny-per-ounce tax on sugary beverages until at least July 12 and the court can hear more arguments over the validity of the issue. In granting the petition sought by the Illinois Retail Merchants Association, Judge Daniel Kubasiak found…

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DDIFO Hall of Fame Nominations

The 2017 DDIFO Hall of Fame Induction and Awards Luncheon will be held on October 31 in conjunction with the DDIFO National Conference at Foxwoods Resort and Casino in Mashantucket, Connecticut – and all nominations must be submitted by the end of this month.  DDIFO members are encouraged to visit the Hall of Fame Nomination…

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Indiana Bans Ban the Box

I guess it might be the exception that proves the rule, but legislators in the Hoosier State gave Indiana employers a lot more leeway in their job interview techniques with a new law that took effect July 1. Not only can Indiana employers inquire into any criminal history that a job applicant may have, the…

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Miscellaneous

Qdoba franchisees are the latest group to see the wisdom in the old adage that there is strength in numbers. Franchise owners of the casual Mexican food restaurant have created their own franchisee association to protect their interests, especially in the face of some of the challenges the chain has recently faced and some potential…

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Trump Fills Last NLRB Seat

Just last week, we reported on the nomination of Attorney Marvin Kaplan to the 4th seat on the National Labor Relations Board (NLRB), leaving only one vacancy on  the 5-member Board entrusted with enforcement of the National Labor Relations Act (NLRA). Just this week, President Trump closed that gap completely with the formal nomination of…

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DOL Invites Input on Overtime

The Department of Labor under new Secretary Alex Acosta is inviting comments from businesses and other groups and individuals on the issue of the department overtime rule. Under the previous administration, the overtime threshold was more than doubled to $47,476, but enjoined by the court in November. Earlier this week, DOL sent a Request for…

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