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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Irony of Ironies as NLRB is Found Guilty

Yes, you read that correctly, the National Labor Relations Board was found guilty of unfair labor practices last week in a case brought by its own union.  An administrative law judge with the government’s Labor Relations Authority ruled the regulatory agency (charged with objectively arbitrating worker’s rights in private employment) violated their employees’ rights by…

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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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Tackling “Joint Employer” in the New Year

As the individual state legislatures begin new sessions, efforts to address the new NLRB definition of a joint employer at the state level are front and center in Wisconsin, Michigan and Virginia.  Senate Bill 422 in Wisconsin prohibits a franchisor being considered a joint employer with the franchisee unless the former agrees to the role…

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Spending Authorization Ready

As they rush to get to their Christmas vacation, Congress also appears set to pass the other half of the deal – an omnibus spending bill necessary to keep the government operating into the New Year.  With critical legislation such as the Omnibus Spending bill, Congress will often try to attach policy riders to piggy-back…

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More Precedent from Seattle

From the city that first hallucinated wisdom in a $15/hour minimum wage comes a new effort to help union recruitment as the City of Seattle City Council unanimously approved an ordinance extending collective bargaining rights to drivers from taxi and app-based transportation companies.  According to the National Labor Relations Act, certain independent contractors do not…

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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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Latest NLRB Decision Strikes Arbitration Agreement

The NLRB San Francisco division ruled earlier this week that the Jack-In-The-Box, Inc. arbitration agreement violates the National Labor Relations Act in that as a requirement of employment, it inhibits an employee’s ability to bring a class action suit.   NLRB administrative Judge Mary Miller Cracraft recommends that the provision be either revised or rescinded.  A…

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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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NLRB Reform Act Filed in US House

As has been expected for some time, a bill seeking to reform the National Labor Relations Board was filed this week in the US House by Representative Joseph Wilson (SC – 2nd District).  Citing a number of the regulatory excesses perpetrated by the NLRB and referring to the organization as the “President’s Labor Bully”, Wilson…

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