Then A Big Bang, in Court

In a precedent setting decision rendered earlier this month in a California court, noted franchisee attorney Robert Zarco (Zarco Einhorn, Salkowski & Brito, P.A.) won a significant jury verdict against franchisor El Pollo Loco, Inc. that the company breached the implied covenant of food faith and fair dealing by failing to offer new encroaching restaurants…

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SCOTUS To Hear Right to Work

Speaking of upcoming court hearings and precedential decisions, the United States Supreme Court (SCOTUS) will hear oral arguments in the case of Janus v. American Federation of State, County and Municipal Employees (AFSCME) on February 26 according to the court’s February hearings calendar, just released on Wednesday. The Janus case, coming out of Illinois, presents…

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There’s Still Minimum Wages

Notwithstanding some major improvements in the regulatory and legal environments as evidenced above, we still must remain diligent on other issues that can and will directly impact our businesses. Toward that end, and with the New Year just over a week away, we can’t be too hesitant in reminding our subscribers about the upcoming changes…

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Baltimore Food Trucks Win Court Fight

Efforts by Baltimore to limit the locations of Food Trucks around the city that compete with brick-and-mortar businesses selling the same products were finally stopped in their tracks this week. A Baltimore City Circuit court judge found that the 2014 ordinance that prohibited food trucks from operating within 300 feet of a brick-and-mortar business offering…

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Banned in Boston

That term actually originated back in the 17th century and mostly stemmed from the Puritan roots of Massachusetts’ earlier settlers. It generally referred to a literary work, song, picture or play that was prohibited from being distributed or exhibited in Boston because of “objectionable” content. Regrettably, it now more accurately illustrates the endless nanny-state leanings…

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Dunkin’ Draught?

Yes, you read that correctly – Dunkin’ Draught beer! Wormtown Brewery, a nationally recognized craft brewer headquartered in Worcester Massachusetts, teamed up with Dunkin’ and launched DDark Roasted Brew in their taproom yesterday on December 21, the winter solstice and darkest day of the year. Wormtown has been talking with its landlord, Dunkin’ franchisee Rob…

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Merry Christmas!

At this time of year, we rightly look at how blessed we are and enjoy loving family, good friends, successful businesses and many other comforts. It is also a perfect time for us to take whatever steps might be necessary to help those less fortunate than ourselves and spread happiness and love throughout the season.…

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Regulatory Reset

Shortly after he took office, former President Barack Obama famously initiated a new policy with Russia that became known as the “Russian reset”. Although today, with the benefit of hindsight, that policy is largely thought a complete failure, it would appear the regulatory reset going on now in Washington DC is anything but! The big…

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NLRB Reverses Joint Employer

Yesterday, the National Labor Relations Board officially overturned its egregious joint-employer standard (imposed by the Obama NLRB in its Browning-Ferris decision in 2015) and restored the historical standard of “direct and immediate” control. Now with a 3-2 republican majority under President Trump, the NLRB ruled yesterday on a 3-2 party-line vote that the standard created…

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NLRB Not Done Yet

As great as their joint employer standard reversal is, it appears that the Trump-era NLRB is not stopping there! In a separate ruling also released yesterday, the NLRB reversed the standard the agency created in its 2004 Lutheran Heritage Village-Livonia decision that employer policies that could be reasonably construed by an employee to prohibit or…

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