Oklahoma Latest to Pass Joint-employer Clarification

There are now 9 individual states that have enacted legislation declaring that franchisors are not to be considered “joint-employers”.  Oklahoma became the latest to join that group when Governor Mary Fallin signed SB. 1496 on May 24.  The Oklahoma law essentially provides blanket protection that states franchisors “shall not be considered the employer of a…

Read More »

Tennessee Dumps Income Tax

It may be a few more years before it comes to fruition, but the Volunteer State finalized plans to eliminate its state income tax when Governor Bill Haslam signed the bill into law earlier this week.  The legislation (SB 0047), passed in the waning days of its 2016 session, provides that the income tax rate…

Read More »

Feds Weigh in on North Carolina LGBT Controversy

North Carolina seems to be finding more and more hostility from all corners since it passed the controversial “bathroom bill”, more formally known as the Public Facilities Privacy and Security Act (HB-2).  We talked about the bill when it was signed by Governor Pat McCrory back on March 23, because it included a state pre-emption…

Read More »

Miami Beach Set to Challenge Florida Preemption

Absent the fanfare we find in the North Carolina debate, the city of Miami Beach is setting itself up to challenge a local minimum wage preemption effective in Florida for the past three years.  Miami Beach Mayor Phillip Levine is pushing the City Commission to adopt his proposal to increase the local minimum to $13.31…

Read More »

DOL Issues Still in the News

They may not be garnering as much interest as who’s using which bathroom, but a couple of noted controversial rulings by the Department of Labor continue to be very much in the forefront.  On the somewhat positive side of the ledger, DOL’s new overtime threshold, which had previously been projected to equate to $50,440 is…

Read More »

Playing The “Race Card” for Higher Wages

Advocates and opponents have been battling over minimum wage increases for the past couple of years as some states and local communities mandate increases while other state pre-empt their local government entities from passing their own wage thresholds.  Now, in the wake of Alabama prohibiting the establishment of local minimums, advocates have filed a lawsuit…

Read More »

Alabama Punctuates Opposition to Persuader Rule

The state of Alabama became the 10th state to petition the federal District Court for the Eastern District of Arkansas for an injunction against the Department of Labor regulation.  The DOL rule essentially negates the employer’s attorney-client privilege and tips the scales in favor of organized labor in union representation elections at private companies.  Alabama…

Read More »

Keeping Up On Joint-Employer

While minimum wage and paid sick leave battles steal much of the anti-business limelight of late, we can’t lose sight of the importance of the ongoing efforts to effectively negate the National Labor Relations Board (NLRB) recasting traditional employer definitions.  As the McDonald’s v NLRB joint-employer case continues in a Manhattan courtroom, there’s been plenty…

Read More »

Workers Comp Struck And Under Review

Workers Compensation laws seem to be more in the cross-hairs of some as courts in different states hear challenges to various provisions.  The Oklahoma Supreme Court has struck down a provision in state law that allowed for the deferral of temporary total disability payments for those workers who returned to work.  In the four cases…

Read More »

NC Law Bans Local Minimums Wages And . . .

This is another one that will ultimately be decided by the courts . . . On the one hand, the North Carolina legislature acted quickly and decisively to safeguard the state’s economy from a patchwork of localized minimum wage mandates and employment dictates.  On the other hand, the fact that they also overturned a Charlotte…

Read More »