NLRB Petitions SCOTUS on Invalid Appointment

Speaking of “joint-employer”, rendered by the National Labor Relations Board, we noted the NLRB has filed a petition for certiorari with the Supreme Court of the United States regarding to review the decision invalidating rulings by the illegally appointed acting General Counsel Lane Solomon.  The case came through the US Court of Appeals for the…

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US Treasury Reports on Non-Competes

The United States Department of the Treasury issued a detailed report on the effects of non-compete employment provisions recently and reported that as many as 30 million American workers are covered by the restriction.  Treasury’s Office of Economic Policy released: “Non-compete Contracts: Economic Effects and Policy Implications” last month and therein cited both economic benefits…

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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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Still More Targeting Sugary Drinks

The California Assembly is considering the latest sugary drink legislation, AB-2782, a bill that will require distributors to pay $.02 per ounce into a new government fund to fight obesity.  The bill, summarized here and pending in the Assembly Health Committee, was slated this past week for a public hearing which was ultimately postponed.  It…

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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…

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Miscellaneous

Today is April 15, tax day.  This year though, taxpayers have an extra three days because of the April 16 Emancipation Day holiday.  Emancipation Day is celebrated to mark the anniversary of Abraham Lincoln signing the District of Columbia Emancipation Act, by which some 3,000 slaves were freed in the nation’s capital.  In that the…

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Competitor News

Starbucks still having problems and getting pushback with controversial loyalty program they instituted.  Earlier this week, McDonalds announced that it had begun testing new coffee shots in select locations in Connecticut, Massachusetts and New York, as well as reportedly in some parts of Maine.  They’re initially testing 13 sweetened and unsweetened coffee flavor shots ranging…

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FDA Releases Final Rule on Food Safety Transportation

Commercial kitchens should take note that earlier this week, the US Food and Drug Administration (FDA) finalized its new rule on Sanitary Transportation of Human and Animal Food as mandated under the Food Safety Modernization Act.  The rule, published in the Federal Register on April 6, sets new requirements for shippers, loaders, carriers by motor…

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And Then There Were 3

The new persuader rule issued last week by the Department of Labor has now generated three separate legal challenges from the business community.  As we reported last week, the rule was first challenged in Arkansas by the National Association of Manufacturers among others.  This week, federal lawsuits were filed in the District Court in Minnesota…

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Appeals Court Upholds NLRB Ruling vs Franchisee

The aforementioned NAM Challenge to the persuader rule was filed in the District Court for Arkansas which falls within the jurisdiction of 8th US Circuit Court of Appeals.  That same court by a 2-1 decision rendered just weeks ago, upheld an NLRB ruling against a Jimmy John’s franchisee in Minnesota who fired six workers for…

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