Still Few Answers on Vaccine Mandate

Although the President announced the drastic step over one week ago, there is still very little known by way of definite answers on what will and will not be contained in the final Department of Labor Emergency Temporary Standard regarding his vaccine mandate – and it may be a few more weeks until we see…

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OMB Completes Review of DOL Tip Rule

Last week, the White House Office of Management and Budget (OMB) completed its review of a new proposed DOL Tipping Regulation under the Fair Labor Standards Act (FLSA) – the last step in the review process before a new regulation is published in the Federal Register. The regulation will tighten the rules that govern how…

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NY Governor Triggers HEROES Act

When New York Governor Kathy Hochul announced on the Labor Day holiday that the state Commissioner of Health had issued a designation of the COVID-19 virus as a “highly contagious communicable disease”, the announcement triggered the state HEROES Act and along with it, a host of additional obligations on the state’s employers. The HEROES Act,…

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New York City Enforces Vaccine Passports

Earlier this week, the New York City requirement that diners must show at least proof of at least one shot of the COVID vaccine began being enforced. Notwithstanding that a lawsuit filed by a number of Big Apple restaurants last month is still pending in the courts, the city began enforcement of the Mayor’s proof…

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Missouri Expands Leave, COVID Liability Provisions

Missouri Governor Mike Parson signed the Victims Economic Safety and Security Act (VESSA) into law earlier this summer with it becoming effective on August 28. On that date, Missouri joined a number of other states in extending unpaid leave to victims of domestic violence and sexual abuse. VESSA applies to all employers in Missouri with…

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Starbucks Prepares for Union Effort

As we advised you a shortly before Labor Day, Starbucks is looking down the barrel of the unionizing shotgun in upstate New York as baristas in three Buffalo stores have petitioned the NLRB for a union representation election. In response, Starbucks this week attempted to significantly expand the playing field by responding to the NLRB…

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DoorDash Sues NYC Again

We advised a couple of weeks ago that the NYC City Council had adopted a 15% cap on third-party delivery fees, and shortly after the ink on that ordinance dried, DoorDash and other third-party delivery firms challenged the ordinance in court. While that challenge is pending, DoorDash also filed a separate suit this week, challenging…

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Competitor News

After launching its IPO, Dutch Bros had its first day of trading Wednesday and enjoyed strong investor interest, closing at $37, 70% above its $23/share listed price. The company, which has 471 units in 11 states with overwhelming concentration in its home state of Oregon along with northern California, is expanding. While more than half…

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CFA Legal Symposium

The Coalition of Franchisee Associations (CFA) this week opened registration for its popular annual Legal Symposium. The 2021 event will again be held in conjunction with and immediately at the conclusion of the Restaurant Finance & Development Conference at the Bellagio Hotel in Las Vegas. The RFDC is scheduled for November 8 – 10 and…

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Biden Vaccine Mandate

Last night from the White House, President Biden announced that through the US Department of Labor’s Occupational and Safety Health Administration (OSHA), he will be requiring that all American employers with 100 or more employees mandate that their employees be vaccinated against the coronavirus or produce a negative COVID-19 test on a weekly basis. In…

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