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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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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Paid Sick Leave State Laws

On the subject of paid sick leave, as the trend of government mandating employee benefits for private employees continues – and specifically, paid family medical or sick leave – we found this Business Journal article particularly helpful in understanding who does and does not require paid leave as well as which states and or municipalities…

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California Bans Salary Inquiries

The Golden State became the latest in a number of cities and states that are looking to ensure gender pay equality through restrictive mandates on employers. Earlier in October, Governor Jerry Brown signed into law AB 168, which prohibits employers from asking prospective employees about their salary history. Under the new edict (effective January 2018),…

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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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Brown Expands Paid Leave, Vetoes Wage-shaming

As the clock wound down, California Governor Jerry Brown signed a number of workplace related bills and vetoed others that could have been devastating to business interests. AB1209, the Gender Pay Gap Transparency Act, which the Governor vetoed and business labeled a “job-killer” would have required companies with 500 or more employees in California to…

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Sick Leave Still Spreading

The state level push to add, and in some cases expand existing, paid sick and family leave benefits for workers continued over the past few weeks with California expanding its already-generous family leave law and Rhode Island legislators approving up to 5 sick days leave on an annual basis. California lawmakers sent Governor Jerry Brown…

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Revenge ON the Machines

No, we didn’t use the wrong preposition, city officials in San Francisco are indeed targeting the machines, or more specifically those who use machines instead of employees. The idea of hitting employers that utilize technology and automation (read: robots) with additional taxes for making their businesses more efficient (at the cost of employee jobs) first…

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Seattle Mayor Resigns, Millionaire Tax Challenged

Seattle Mayor Ed Murray, who dropped his campaign for reelection back in May, resigned this week as Mayor in the face of the fifth person (this one his younger cousin) coming forward to accuse him of child sexual abuse. Murray officially vacated the office effective at 5PM on Wednesday and City Council President Bruce Harrell…

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