Independent Joe #48 February/ March 2018

I have always been a big sports fan, pretty much any sport too, where the game is challenging and the skills of the players something to behold. So, it should come as no surprise that I am a fan of the Olympic Games, and while watching the dazzling opening ceremony, I had a bit of…

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SCOTUS Rejects Other Joint Employer Case

The Supreme Court of the United States (SCOTUS) missed an opportunity to put the issue to bed once and for all this week when the court announced that it would not take up a case addressing whether DirecTV is a joint employer under the Fair Labor Standards Act. By rejecting the Petition for a Writ…

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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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Right To Work On SCOTUS & Ballot

With a full complement of 9 Justices now sitting on the Supreme Court bench, it appears likely that SCOTUS will finally revisit the Abood v Detroit Board of Education decision rendered back in 1977. That decision by the Berger Court granted unions the right to collect “fees” from employees even though those employees may have…

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Court Rulings on Franchise Issues

There were a couple of cases decided recently that we thought would be worth bringing to your attention. The first involved a question of choice of law and forum selection that originated in Ohio and transferred to the Arizona federal court. In its decision, the Arizona court invalidated a choice of law and venue provision…

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Ohio Tax Amnesty Announced

Speaking of Ohio and taxes, the state Department of Taxation announced a tax amnesty program that was approved by the legislature as part of the FY18 budget debate and signed by Governor John Kasich earlier this fall. The amnesty program will be available to individuals and businesses with unreported and/or under-reported income beginning on January…

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Salary History Ban Veto Upheld

Not unlike the trend we see relative to paid medical and sick leave across the country, the push for banning questions about a prospective employee’s salary history continues to ripple in different states and cities. Illinois legislators presented just such a ban to Governor Bruce Rauner back in August of this year, which the Governor…

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Minimum Wage and Sick Leave Updates Coming

As we get further into the fall months, there tends to be fewer public hearings on new legislative proposals as lawmakers look to get back to their districts and wind down their formal work. That lull, such as it is, gives us valuable time to capture and summarize the broad array of state legislative changes…

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New Minimum Wage Tentacles

Notwithstanding difficulties within the SEIU offices as outlined above, their push for increased minimum wages seems to be growing new appendages in some locales around the country. Earlier this month, the Common Council of South Bend Indiana expanded its current minimum wage requirement when it voted to tie tax abatements for private businesses to minimum…

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