US Senate May Vote On Weil This Month

The United States Senate may advance President Obama’s nomination of Professor David Weil as Administrator of the Wage and Hour Division of the Department of Labor to the floor for a confirmation vote this month.  Weil, who wrote a 2010 report for the Wage and Hour Division entitled “Improving Workplace Conditions Through Strategic Enforcement“, advocates…

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NLRB Running Amok

In continuing a string of anti-business rulings, the National Labor Relations Board has again come down hard on standard business decisions, ruling recently that an employer’s enforcement of a workplace policy prohibiting employees from disseminating confidential information, such as personal or financial information violated the National Labor Relations Act and was therefore illegal.  The particular…

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Unions Taking Over Federal Government

Notwithstanding the fact that union membership in private sector places of employment is at its lowest level since the organized labor movement took hold last century, the present administration in Washington is doing all within their power to expand and embolden labor unions across the country.  Many of you may have read where the National…

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CMLs and Others Beware

We also learned this week of the true meaning of a small ‘OSHA regulatory clarification‘ implemented last year by the Obama administration whereby a “third-party who is not an employee of the employer (such as an industrial hygienist or a safety engineer)” may accompany an OSHA inspector on his/her official inspections of private employment sites. …

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Overtime Pay Next On President’s Priority Listing

Russia may have invaded Crimea, Syria may still be in chaos as their civil war rages on, his Affordable Care Act may be devastating the health insurance of millions of Americans, and millions more may have given up looking for work in the current economic environment, but President Obama whistles past the graveyard and continues…

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More ObamaCare Changes

In the ongoing, but welcome, saga of delaying the many ObamaCare mandates on employers, we have yet another to advise you of with the September 11 decision of the Department of Labor that the federal agency will not penalize employers that do not meet the October 1 mandate that requires employers to advise employees of…

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National Labor Relations Board At Full Complement

After numerous lawsuits about his “recess appointments,” President Obama struck a deal with Congress that allowed him to fill the vacant positions on the National Labor Relations Board.  Those appointments have now all been made and the board is at a full complement of members.  The question remains as to whether they will reaffirm a…

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Class Actions and Sales Tax cases

As we comb the courts for examples of cases involving franchising, restaurants and labor law, we try to home in on those that could impact Dunkin’ Donuts franchise owners. In this issue of Independent Joe, we want to bring you up to date on a series of cases argued before the U.S. Supreme Court which…

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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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