Despite Business View, Trump Reappoints Pearce

As we’ve advised you over the past few weeks, the broader business community was pushing hard for President Trump to replace National Labor Relations Board (NLRB) member Mark Gaston Pearce when his term expired on Monday of this week. Unfortunately, the President rejected that recommendation and re-appointed Pearce on Tuesday, just one day after his…

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FDA Supports Coffee Exemption on Cancer Warning

We advised our readers a few months ago of a decision by a Los Angeles Superior Court that coffee retailers in California were violating state law by not posting warnings for their customers of the presence in coffee of acrylamide, a chemical that is produced by roasting coffee beans and has been linked to cancer.…

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DOL Issues New Directive on Business Audits

Last week, the Office of Federal Contract Compliance Programs (OFCCP) within the Department of Labor issued a new directive governing the process by which the federal government analyzes pay compliance by federal contractors. The new directive, which rescinds the more bureaucratically-involved process implemented by the Obama administration back in 2013, requires OFCCP pay analysis to…

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California Snubs SCOTUS Decision

Earlier this year, the Supreme Court of the United States (SCOTUS) ruled in the Epic Systems decision that mandatory arbitration agreements containing class action waivers were legal provisions of an employment agreement. Notwithstanding that decision, on a vote of 25-12, the California state senate approved AB 3080 and sent it to Governor Jerry Brown this…

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NC Overrides Veto, Hikes Public Minimum Wage to $15

The surprise is not that the minimum wage for state workers in North Carolina is increasing to $15 per hour, rather that the Republican legislature overrode a Democratic gubernatorial veto to make it happen. The generally-reliable red state of North Carolina seemed to flip roles recently when democratic Governor Roy Cooper vetoed an Omnibus Spending…

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CFA Legal Symposium in Chicago

The Coalition of Franchisee Associations (CFA) will host its annual legal symposium in Chicago on Wednesday, October 24 at the Hyatt Regency McCormick Place , where rooms within the CFA room block are available for only $179 per night! Throughout the course of the day-long event, attendees will get to enjoy unparalleled legal expertise and…

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A Rose By Any Other Name

The American Civil Liberties Union (ACLU) filed suit this week in the US District Court in Columbia, Missouri challenging a new statute that took effect on Wednesday. An omnibus agriculture bill signed earlier this summer by former Governor Eric Greitens contained a provision prohibiting companies from calling a product “meat” unless it is derived from…

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Miami Beach Minimum Wage Goes to Court

The appeal by Miami Beach of lower court rulings that blocked implementation of a separate local minimum wage has been accepted for review by the Florida Supreme Judicial Court. You may recall that Miami Beach passed an ordinance back in 2016 increasing the minimum wage within the city to $13.31 by 2021. The ordinance passed…

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Miscellaneous

Starbucks has finalized its deal with Nestlé where the latter wins the perpetual rights to market Starbucks packaged coffee and tea brands including Starbucks, Seattle’s Best, TeavanaTM/MC, Starbucks VIA Instant, Torrefazione Italia coffee and Starbucks-branded K-cups. Last week, McDonalds announced a new global job training initiative to prepare youth for entering the job market and…

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IRS Moves to Block SALT Cap Workarounds

The Internal Revenue Service (IRS) has issued a proposed new rule that will serve to block state efforts to circumvent the $10,000 state and local tax (SALT) deductions limit that was established by the Tax Cuts and Jobs Act last December. A number of high-tax states – New York, New Jersey and Connecticut, in particular…

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