More Restroom Issues at Starbucks (Ally’s Law)

A story in the Boston Globe earlier this year was brought to our attention by one of our members with some questions on bathroom access requirements and we believe those questions warrant some further cautionary reporting. The Globe story was on the dilemma of an attorney in Massachusetts stricken with Crohn’s Disease, which at times…

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California Court Tags Service Fees As Tips

A spooky court decision released on Halloween stirred up a cauldron of surprises for California employers over the question of contractual service charges. An appellate court in California ruled that mandatory service charges added by banquet facilities to their contracts may actually (and legally) be defined as gratuities and owed to banquet service employees! The…

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CFA Legal Symposium

The Coalition of Franchisee Associations (CFA) is holding its annual CFA Legal Symposium next week at the Bellagio Hotel & Casino in Las Vegas. The event was established as a vehicle to help franchisees meet with the country’s top franchisee attorneys. This year’s event, which is being held on Wednesday, November 13, in conjunction with…

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EEOC Ordered To Continue Pay Data Collection

Apparently, election results don’t matter in some of the nation’s courts! A federal judge in Washington, DC this week ordered the Equal Employment Opportunity Commission (EEOC) continue collecting pay data for 2017 & 2018 as required by the Obama administration – despite the fact that the Trump administration reversed that agency mandate!! You’ll recall that…

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Senate Rejects Effort to Overturn SALT Deduction Cap

Earlier this week, the Senate rejected a bid by democratic members to overturn IRS regulations prohibiting states from creating charitable funds that taxpayers can contribute to in exchange for a state tax credit. The creation of the credits was an attempt by high-tax blue states such as New York, New Jersey and California to get…

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Use of I-9 Information Before SCOTUS

The Supreme Court of the United States (SCOTUS) heard oral arguments this week on a case coming out of Kansas relating the use of information taken from the I-9 Form. Kansas v Garcia involves three restaurant workers who were charged by the state of Kansas with identity theft based on fraudulent information included in state…

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Approaching Deadlines: An Eye on the Calendar

As we’ve tried to do over the past several months, now seems a good time to advise you of state law changes that will be taking effect within a few weeks, on or around the first of November. Those of you who live or have business interests in Missouri, New York, Oklahoma and Virginia might…

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Classification Law Moving East

With its recently enacted legislation, AB-5, which significantly alters the ground rules for the classification of employees, California has advanced the political “acceptability” of the “ABC” test first implemented in Massachusetts. Now, it would appear that New York State may be the next state to fall in line on “ABC” classifications. A new labor-backed coalition…

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IRS Issues Priority Guidance Plan

The Internal Revenue Service this week released its priority guidance plan for 2019-2020. The plan, which identifies and prioritizes tax issues that should be addressed through regulations, revenue procedures, notices and other published guidance, calls for the IRS to continue its focus on implementing the 2017 tax law as well as the Taxpayer First Act.…

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In Joint Employer Battle: Round 2 Goes to McDonald’s

On Tuesday of this week, a federal appeals court gave McDonald’s Corporation a significant victory on the question of joint employment status. The US Court of Appeals for the 9th Circuit found in Salazar v. McDonalds that the company was not a joint employer in that it did not exert enough control over employees at…

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