Joint Employer Finalized, or Not!

It’s hard to fathom that the joint employer question/issue, first created under the Obama administration with the NLRB Browning-Ferris decision back in 2015, is still unresolved all these years later. As we advised last week, the NLRB and the Department of Labor have both issued a “final rule” re-establishing the historical definition of joint employer.…

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White House Readies NLRB & EEOC Nominations

Earlier this week, the White House announced the names of four individuals being nominated for positions on the National Labor Relations Board (NLRB) as well as the Equal Employment Opportunity Commission (EEOC).  President Trump will re-nominate former NLRB member Lauren McFerran to one of the two vacant democratic seats on the NLRB and current Board…

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IRS Issues New Rule for Business Expenses

The Internal Revenue Service last week issued proposed new rules governing the deductibility of certain business expenses in light of changes dictated by the Tax Cuts & Jobs Act of 2017. Prior to the TCJA, business deductions for meal and entertainment expenses were limited to 50% of the cost, but the TCJA repealed entertainment expense…

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SCOTUS Expands I-9

In a 5-4 decision along ideological lines this week, the Supreme Court of the United States (SCOTUS) expanded the potential use I-9 information for the potential prosecution of state crimes as well. The 1986 Immigration Reform and Control Act (IRCA), which created the I-9 form, states that the information “may not be used for purposes…

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Vermont Overrides Minimum Wage Veto

Last week, the Vermont state legislature formally overrode a veto by Governor Phil Scott of legislation mandating another increase in the state minimum wage to over $12 per hour by 2022. The legislation, which is now law, provides for increasing the minimum wage from $10.96 to $11.75 next year and then to $12.55 by 2022.…

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NYC and San Francisco Want Delivery Control

Over-regulating book-end municipalities from both coasts are looking to impose new regulations on third-party delivery companies. The New York City Council is now entertaining a package of proposed ordinances that would regulate the operations of third-party delivery companies such as Grubhub, DoorDash, UberEats and others. The proposals, filed by Councilman Mark Gjonaj, Chairman of the…

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Drive-by Lawsuits

We noted this week a story on the dramatic increase – to record breaking numbers – of lawsuits filed alleging violations of the Americans with Disabilities Act (ADA) Title III. Over 11,000 lawsuits were filed in 2019 – up from just 2700 in 2013 – alleging some violation of the landmark 1990 law. That fact…

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“You Didn’t Build That!”

Back during his reelection campaign in 2012, President Barack Obama famously lectured – or scolded – successful business owners on how or why they became successful – opining that others owned some responsibility for their success. “Somebody invested in roads and bridges. If you’ve got a business, you didn’t build that, somebody else made that…

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Competitor News

Panera, owned by JAB Holdings, made headlines this week with its launch of a new coffee subscription service nationwide. According to the company, subscribers, who must be loyalty members, will pay a monthly fee of $8.99 and be eligible for a “free” hot or iced coffee or tea every 2 hours. Starbucks also recently announced…

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