State Attorneys General Opposing Overtime Rule

The Attorneys General of 16 states around the nation submitted a letter on Tuesday commenting on the proposed new Department of Labor rule on the overtime exemption. You will recall that DOL under former President Obama more than doubled the overtime exemption to $47,476 (from $23,660), although that increase was ultimately thrown out by the…

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PRO Act Moves Fast in House

The Protecting the Right to Organize Act, filed by House Education and Labor Committee Chairman Bobby Scott (D-VA) has moved at breakneck speed in the US House over the past two weeks. The bill, which was filed by Chairman Scott and a host of co-sponsors in the House on May 3rd, was heard by the…

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Do As We Say, Not As We Do

Employees of the AFL-CIO, represented by the Office and Professional Employees International Union Local 2, have been embroiled in a battle with their employer over a union contract for months now. Staff at the Washington headquarters of “big labor” a few weeks ago filed an unfair labor practice against the union. A plethora of other…

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What Goes Around Comes Around

That same SEIU, which gave us the Fight for $15, has pushed for unionizing within the QSR industry, has orchestrated many of the fast food work stoppages we’ve seen at different times around the country and is behind the NYC just cause employment proposal (discussed above) may be soon in for a taste of its…

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QSR Union Growing

Less than a year after employees at one unit of a QSR chain in Portland Oregon voted to unionize, a third store in the Burgerville franchise won NLRB approval in December as a separate bargaining unit. Three of the brand’s 42 stores across the Pacific Northwest are now organized as micro-unions and recognized by the…

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Buyer Beware: Avoiding the pitfalls of successor liability when purchasing a network

Over the last decade, our firm has represented hundreds of Dunkin’ franchisees who have expanded their networks through the purchase of existing restaurants. The vast majority of these acquisitions are transacted as purchases of tangible (e.g. furniture, fixtures, and equipment) and intangible (e.g. telephone numbers) assets, as opposed to the purchase of the stock or…

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Ohio on Verge of Joint Employer Exemption

Legislation has passed the Ohio state senate that exempts franchisors from joint employer status. Still subject to one final concurrence vote in the House before it is sent to the Governor for his signature, House bill 494 specifically exempts franchisors from any liability as a joint employer unless the franchisor specifically adopts joint employer status…

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Mapping The Investigations

Since the democrat party succeeded in flipping the US House in the 2018 midterm elections, the anticipation has been that President Trump will be subjected to 2 years of non-stop Congressional hearings and inquiries. It seems now however, that the first target of the democratic House may actually be Labor Secretary Alex Acosta. None other…

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Union Work Pays Off for Labor

Organized labor was active as usual in the elections this past Tuesday, but this year those efforts apparently paid some pretty good dividends for the unions. Unions (especially SEIU and the Fight for $15) are claiming credit for a couple of gubernatorial victories – the defeat of Governor Scott Walker in Wisconsin and Illinois Governor…

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Union Push

If you needed any additional incentive to get to the polls, remember that the unions will be out in force. The SEIU-backed Fight for $15 will deploy canvassers in the mid-west to support candidates who back collective bargaining rights and a federally mandated $15 minimum wage. Fight for $15 will target the tightly fought gubernatorial…

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