Hy-Brand Asks NLRB To Reinstate

It was the decision that was  . . . until it wasn’t, of course. And now, the plaintiff in that case, Hy-Brand Industrial Contractors has asked the National Labor Relations Board to reinstate its original decision, which the Board vacated in February – a decision in favor of Hy-Brand and one that overturned the new…

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Tiptoe Through the Tip Pool

It would appear that legislative proposals governing tipped wages are becoming more commonplace, and more restrictive. As we know, the Omnibus Spending Bill signed into law a week ago by the President contained a compromise provision that specifically prohibits employers from taking money from the tips left for their workers. Further, that provision also seems…

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Paid Leave Updates

The push to add paid leave options in different states is staying in the forefront each week. Just yesterday, a public hearing was held in the New Hampshire state senate on House bill 628, legislation that would create a sick leave insurance plan with an opt-out option. As drafted, the insurance would provide up to…

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Joint Employer: Still Front & Center

We thought it was resolved for good back in December with the NLRB decision in the Hy-Brand Industrial Contractors case, but the Inspector General’s report on that vote and Bill Emanuel’s participation in it changed that outcome. Now comes a request from the Competitive Enterprise Institute that the same Office of the Inspector General investigate…

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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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