Lawsuit Effort to Expand “Joint-Employer”

We’re all following the NLRB push to include franchisors as “joint employers” so as to ease unionizing efforts, but now comes a new fight to expand that definition.  Last week, 10 former employees of a Virginia McDonald’s restaurant filed a civil rights suit alleging racial harassment and discrimination against the franchisee, but the lawsuit also…

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In The CUE

In the wake of the strenuous push by the NLRB to assist organized labor’s efforts to unionize more workers in the private sector, and specifically, the QSR industry, we encourage you to consider one of two labor relations training sessions to be sponsored by CUE, An Organization for Positive Employee Relations. The events will be…

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NLRB Sued Over “Ambush” Election Rule

More news this week regarding the NLRB and its pro-labor advocacy has the agency being sued by a number of national business groups over the agency’s recent passage of the so-called “ambush election” ruling.  The ruling will lower the threshold for union organizing efforts within private sector companies by streamlining the process required and dramatically…

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Then They “Ambushed” Business

One day after their email ruling, the NLRB issued another doozy – this one, their final ruling on the “ambush” or “quickie” election, long sought by organized labor.  The new rule will effectively reduce, rather significantly, the amount of time an employer has to prepare for a union election.  The new rule provides that businesses…

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Meet the New NLRB, Same as the Old NLRB

Last year, in a unanimous opinion, the US Supreme Court struck down President Obama’s recess appointments to the National Labor Relations Board as unconstitutional because the Senate was not in recess at the time (NLRB v Noel Canning).  Subsequently, an agreement was reached between the President and the leadership in the US Senate that would…

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Another Executive Order from Obama

Hot on the heels of the ruling by the NLRB General Counsel that McDonald’s is a “joint-employer” with its franchisees for purposes of employment law compliance, President Obama seemed to open up another front against businesses when he signed the Fair Pay and Safe Workplaces Executive Order this week.  Ostensibly, the Executive Order seeks to ensure that companies contracting…

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NLRB Rules Franchisor is Co-Employer

In an absolutely egregious decision rendered this week, the National Labor Relations Board continues its war against small business, ruling that McDonald’s is essentially a co-employer with its franchisees and hence, part and parcel to employment decisions – and missteps – at individual restaurants!  The decision was issued Tuesday by former labor official Richard Griffin, Jr.,  General Counsel for the…

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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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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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A virtual cup of coffee with DDIFO Executive Director Ed Shanahan

May 10th, 2013: Fair Franchising, New I-9 Forms, Hall of Fame

Fair Franchising – Maine franchisees from a broad array of companies testified in support of the Small Business Investment Protection Act this week before the Labor, Commerce, Research & Economic Development Committee of the Maine Legislature.  The bill is an outstanding fair franchising piece of legislation that enjoys much support in the Maine Franchisee community…

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