Minnesota Tip Pooling Ruling Expands Employee Rights

A decision by the Minnesota Court of Appeals is causing some concern in certain circles over the expansion of employee rights the decision seems to grant.  In Burt v Rackner, Inc. d/b/a Bunny’s Bar & Grill, the court ruled that an employee who refused an employer’s directive (which violated the tip pooling law in this…

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Wisconsin is Right-To-Work State, Again, For Now

In March of 2015, Governor Scott Walker signed the Wisconsin Right-to-Work bill into law, making the Wisconsin the 25th right-to-work state in the nation.  The law was challenged by organized labor and struck down last month by Dane County Circuit Judge William Faust, who also declined to stay his ruling pending appeal.  Notwithstanding his refusal…

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Miscellaneous

The latest issue of Chief Executive magazine surveyed over 500 CEOs across the country to determine which states were considered most business-friendly from a tax and regulatory perspective and which were the least favored by the business community.  The top four states (Texas, Florida, North Carolina and Tennessee) favorably perceived held the same position as…

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Competitor News

The Missouri Supreme Court has rejected the argument of Krispy Kreme that sales in the Show Me state should be taxed at the 1% rate that applies to grocery stores rather than the 4% tax assessed on sales at restaurants.  In pressing its case, the North Carolina-based chain put out a detailed study on bakery/doughnut…

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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…

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Wisconsin Court Strikes Down Right to Work

In a ruling last week that caught many by surprise, a state court judge ruled the Wisconsin right-to-work law violated the state constitution.  Dane County Court Judge William Foust agreed with the organized labor plaintiffs that the right to work law was an illegal taking of union funds by the government without compensation.  Not surprisingly,…

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Ohio Reps File $2 Minimum Wage Hike

With Ohio Governor John Kasich’s presidential campaign still alive after he won the Buckeye State republican primary this week, could Ohio legislators be looking at slipping a minimum wage increase through while he’s not looking?  Columbus Representative Hearcel Craig along with Representative Kent Smith of Euclid filed a bill last week that would increase the…

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Utah and Wisconsin Ban Joint-Employer

Speaking of the egregious joint-employer ruling, two more states have enacted laws that strictly prohibit the application of the NLRB joint-employer definition within their boundaries.  Utah Governor Gary Herbert is expected to sign H.116, which specifies that no franchisee or employee of a franchisee shall be considered an employee of the franchisor for any purpose…

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Ohio Bill Seeks To Ease Employment Discrimination Law

The Ohio legislature is considering a proposal that would clean up and simplify Ohio employment discrimination law.  If passed and signed into law by Governor (and presidential candidate) John Kasich, Senate 268 would reduce the timeframe within which employment discrimination claims would need to be filed from the current 6 year period to one year,…

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States Look to Restrict Joint-Employer

One approach to clarifying the issue and clearing up any confusion it may have caused is legislation at the individual state level that unmistakably defines who is and is not a joint employer.  As we’ve advised in past issues, 3 states (Tennessee, Louisiana & Texas) had passed into law clarifying legislation that effectively exempts franchising…

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