A virtual cup of coffee with DDIFO Executive Director Ed Shanahan

June 28, 2013 – NLRB Appointments, Tip Pooling, Employee Payment

Supreme Court To Review NLRB Appointments – President Obama’s “recess appointments” to the National Labor Relations Board (NLRB), which were ultimately declared illegal, continue to make news.  The three appointments, made while the Senate was still in session, were negated by the courts.  Consequently, any decisions (most of which were anti-business) by the NLRB after the…

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A virtual cup of coffee with DDIFO Executive Director Ed Shanahan

June 23, 2013 – Fair Franchising, Tip Pooling, Competitor News, Hiring Issues

More West Coast Movement on Fair Franchising – Although it is not yet over, good news continues to stream out of California on the Fair Franchising initiative.  This week, the California Assembly’s Committee on the Judiciary approved the bill on a 7-2 vote with one member absent and not voting.  The bill has now been sent to the Assembly’s Committee…

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The hand that feeds you

Originally published on February 17th, 2013 in the Boston Globe.  When customers drop change in a coffee shop’s tip jar, they expect the money will go to the employees who made their latte or served their doughnut. But recent court decisions have led to some of those employees being unfairly deprived — a problem the…

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First Circuit Affirms Win for Starbucks Baristas over Tip-sharing

Starbucks Corp. owes baristas in Massachusetts $14.1 million for a policy that gave shift supervisors a share of the tips, the U.S. Court of Appeals for the First Circuit has ruled. On November 9, a unanimous panel affirmed a March 2011 class certification ruling and a January 2012 final judgment and damages ruling by Judge…

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Massachusetts Senate Rejects Tip Pooling Amendment

Last week the Massachusetts Senate a jobs bills that aims to promote economic development.  In total, Senators filed 126 amendments to modify Senate Bill 2350. One such amendment offered by Senator Rodrigues and Senator Tarr would bring clarity to the Massachusetts tip pooling law. Amendment #76 that we offered would replace Massachusetts’ vague tip pooling…

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Robert Branca on the Jeff Katz Radio Show Discussing the Tip-Pooling Amendment in MA

This is a must listen! Robert Branca, a Dunkin’ Donut franchisee in Mass, NY, Ohio and Fla, spoke to Jeff Katz a radio talk show host in the Boston area on AM 1200 this morning (7/19/2012) at 8:30 am. They may have gotten his title wrong but he did a great job in explaining how all the good intentions legislators have and many times it is warranted, can lead to momumental problems for small business owners and in the case of the tip-pooling law in Mass. negatively impact lower wage workers and customers.

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Department of Labor Restricts Employer-Directed Tip Distribution Even When Affected Employees Are Paid Above the Minimum Wage

The United States Department of Labor, Wage and Hour Division issued important new directives to its field investigators.  These directives will impact employers who employ individuals who pool gratuities.  The Wage and Hour Division’s Field Assistance Bulletin No. 2012-2 rejects the ruling of a Federal appeals court and advises field staff that the department’s 2011…

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Coffee Servers Should Be Eligible to Receive Tips

In Massachusetts, one regulation is not only harming small businesses, it’s also taking money out of the pockets of employees in virtually every city and town. Massachusetts’ tip-pooling law is preventing people who work behind the counter at Dunkin’ Donuts and other quick service restaurants from receiving tips. Leaving extra change—or an occasional dollar bill—in a tip cup is a time-honored tradition for Bay State coffee drinkers.

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