Targeting Success

Newly announced presidential candidate Senator Elizabeth Warren (D-MA) has gotten much of the coverage on raising taxing of late with her plan to levy a 2% tax on assets over $50 million, but failed 2016 (and likely 2020) democratic Presidential candidate Senator Bernie Sanders (I-VT) is determined to penalize success as well. Staying in class…

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Senate Standoff Continues as Gaston Pearce Withdraws

The ranking member on the Senate Health, Education, Labor & Pension Committee, democratic Senator Patty Murray reaffirmed this week that she will continue to block Republican labor nominees unless/until the Republican majority approves democrat nominees. In light of the ongoing standoff, which has blocked hundreds of federal appointments over the past few years, former NLRB…

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Joint Employer Comment Period Closes

At long last, the public comment period for the new joint employer regulation has finally closed. The regulation, which was first published in the federal register last September 18, was initially open for public comment only through November 18. Since that time however, the closing deadline was postponed twice until January 12, and then, caught…

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More News From Labor

That’s the Department of Labor, of course, and joint employer wasn’t their only headline these past few weeks. The department finally sent along to the Office of Information and Regulatory Affairs (OIRA) a proposed regulation to “clarify, update and define” the basic and regular rate for calculating overtime pay. It is believed the regulation will…

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NLRB Moving Forward on Joint Employer

Despite calls for the National Labor Relations Board (NLRB) to slow its engines on rolling back the definition of joint employer, the agency appears steadfast in its determination to undo the Obama-era expansion of joint employer applicability. NLRB Chairman John Ring rejected a formal request he received from two democratic members of Congress to rescind…

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And Another 25 Cents for the Cup!

You really couldn’t make this stuff up, but the Berkeley California City Council unanimously approved a new ordinance this week that will require restaurants to charge customers $0.25 for disposable cups. The Single Use Disposable Foodware and Litter Reduction Ordinance, which sailed through on the recommendation of the City’s Zero Waste Commission, also requires that all…

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Taxing Drinking Water?

Yes, unfortunately you read that right! California’s new governor, democrat Gavin Newsom, just days into his term as the state’s Chief Executive Officer, has proposed imposing a new tax on drinking water. The Governor incorporated the tax as part of his budget proposal for fiscal year 2020, which is projected to end with a surplus…

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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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Trump Resubmits Nominees to Senate

President Donald Trump re-submitted a host of nominations for a number of labor and other positions to the Senate this week. Many of the nominees were caught in a standoff between the White House and democratic senators over pending nominations: essentially, where the republican Senate majority did not confirm a number of democratic nominees, then…

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