DOL Issues New Guidance on Joint-Employer

The Department of Labor this week released a new interpretation on the joint employer issue that franchisees need to be aware of.  David Weil, Administrator of the DOL’s Wage and Hour Division, and the individual most responsible for the application of joint employer as it relates wage and overtime protections released the guidance and then…

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Cuomo Expands Minimum Wage

New York Governor Andrew Cuomo continues his aggressive push to establish a $15/hour threshold across the state.  Last week, he participated in a rally in New York City with Labor Secretary Thomas Perez, a gaggle of union leaders, elected officials, clergy and other advocates to announce that the minimum wage for state university workers would…

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More NLRB Regulatory Rewrites

The National Labor Relations Board (NLRB) continues to rewrite a host of definitions under the National Labor Relations Act, much to the dismay of many business interests.  Just over a month ago, and coming on the heels of the Browning-Ferris decision that speaks to joint employer status in third party business relationships, the Board ruled…

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DOL Persuader & Overtime Rules Delayed To 2016

Through the Office of Management & Budget, the Obama Administration indicates that two proposed rules of interest to the QSR industry will not be finalized this year as originally expected.  The Department of Labor’s so-called Persuader Rule, which was to be finalized in December, 2015 has now been delayed until March of next year.  The…

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“Underground” Regulations Proliferate

Enacting laws by Executive Order without Congressional approval seems to fall right in line with the lack of transparency and public scrutiny which the Obama administration is leaving as its legacy.  The National Federation of Independent Business (NFIB) released a report recently in which they point to a dramatically rising tide of regulatory mandates, opinions…

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NLRB Expands Union Reach

The National Labor Relations Board expanded the reach of SEIU Local 1199 in a decision it upheld last month stemming from a Massachusetts case.  In Southcoast Hospital Group and 1199 SEIU, United Healthcare Workers East, the NLRB upheld the decision of an administrative judge that the hiring and transfer policy of the hospital group violated…

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Union Seeks Exemption from Minimum Wage

Speaking of minimum wages, the Los Angeles County Federation of Labor submitted a minimum wage hike proposal to the Santa Monica City Council that exempts the union from the $15/hour wage they advocate.  The union hid the exemption, which would allow those employers with collective bargaining agreements to pay less than the minimum in the…

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NLRB Charges Union with Violations

In a “man bites dog” story if ever there was one, the National Labor Relations Board filed charges last week against a California healthcare union, Service Employees International Union – United Healthcare Workers West!   The union is accused of forcing a nurse’s aide to pay dues without advising him of his right to opt out…

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But a Tiger Can’t Change Its Stripes

Just when you hope the NLRB is showing balance between labor and business, we learn of a decision they rendered in a Connecticut dispute (that was overturned by the federal court).  Our friends at Bennett Law Firm advised us this week that the DC Court of Appeals overturned the NLRB in a 5 year old…

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DOL Moves Minimum Wage Up Again

The Department of Labor’s Wage and Hour Division has given notice that the minimum wage required to be paid by all federal contractors to workers performing under those contracts will increase effective January 1, 2016. Notwithstanding that the minimum for these workers was increased to $10.10 per hour on January 1 of this year, it…

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