Labor Amnesty Program Starts Tuesday

The Department of Labor’s new amnesty program for companies that owe back wages becomes effective next Tuesday, April 3. The Payroll Audit Independent Determination (PAID) program allows employers to self-report wage and hour violations without legal consequences so long as they are not prior offenders and they pay affected workers the full back pay owed.…

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Competitor News

Tim Horton’s hasn’t given up the fight with its own franchise owners notwithstanding that their sales have continued to fall in the US as well as across Canada. Earlier this month, parent Restaurant Brands International advised franchisees in a conference call that franchise owners would be expected to remodel and update their restaurants to the…

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Omnibus Bill Muddies Tip Pools; Hikes DOL, NLRB Budgets

The Omnibus spending bill, unveiled by Congressional negotiators Wednesday and passed by the House yesterday, includes a number of provisions relevant to pending labor issues. Of primary concern is a so-called compromise provision on the tip pooling issue that in actuality is potentially devastating to small businesses. The compromise, which was authored by Senator Patty…

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NLRB, McDonald’s Settle Joint Employer Suit

Although still subject to acceptance by the Administrative Law Judge, the National Labor Relations Board (NLRB) and McDonald’s Corporation have reached a tentative agreement that brings a 2014 lawsuit initiated by the Obama NLRB to a close. The tentative settlement, the terms of which have not been disclosed, does not include any admission of wrongdoing…

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Ambush Election Comment Period Extended Again

For the second time, the NLRB has extended the timeline for public comment on the agency’s December Request for Information (RFI) regarding the Board’s 2014 decision changing union election processes.  Those changes dramatically reduced the amount of time for an employer to allow a union representation election. The RFI asks whether the ambush election regulation…

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States Still Looking To Hike Minimums

Concerted efforts to increase minimum wages across the country began with President Obama’s call for a national minimum wage of $9.00 in his 2013 State of the Union message but 5 plus years later, the mantra for still more increases continues in many states. Democratic lawmakers in Ohio are currently pushing legislation that would increase…

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Sinking Tip Pools

Congressional democrats have introduced a bill that would prohibit employers from retaining any tips regardless of internal pooling policies and would further mandate that all tips would be considered the property of employees. The bill has received the verbal support of Labor Secretary Alex Acosta along with other key republicans. In DC, the Board of…

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NLRB Asks For Court Review

Speaking of the NLRB, in the wake of it vacating its decision in the Hy-Brand case two weeks ago which restored the expansive definition of joint-employer, it has asked the DC Court of Appeals to resurrect its judicial review of the Browning-Ferris decision. You will recall that Browning-Ferris was working its way through the courts…

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Joint-Employer at Forefront Again

Earlier this week the National Labor Relations Board (NLRB) reversed an earlier decision and reinstated the expanded Obama-era definition of joint employer. Prompted by a report from the NLRB Office of the Inspector General that found one of the members, William Emanuel, should not have participated in the decision, the 3 remaining members voted unanimously…

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ACA Affordability is Moving Target

We were reminded by our friends at Sesco Management that the definition of affordable health care plans under the Affordable Care Act is inflation-adjusted and we’re thankful for the heads-up. Under Obamacare, employer-sponsored coverage for plan years beginning in 2018 is considered affordable if an employee’s required contribution for self-only coverage does not exceed 9.56%…

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