Mixed Bag on State Minimum Wages

The Florida Supreme Court rejected local minimum wages this week when it dismissed an appeal brought by the city of Miami Beach. Recall that Miami Beach passed its own minimum wage in excess of the state minimum (currently $8.46 per hour as of 1/1/19) back in 2016, setting a local minimum wage that would gradually…

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Court Blocks San Francisco Soda Warnings

The 9th Circuit Court of Appeals, unquestionably the most liberal federal court in the nation, surprised many last week when it unanimously upheld an injunction against a San Francisco law mandating health warnings on ads for soda and sugary drinks. The City by the Bay adopted legislation back in 2015 that mandated specific language relating…

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IRS Finalizes Section 199A Regs

Just a week or so ago, the IRS issued final regulations and guidance implementing the new qualified business income (QBI) deduction (sec. 199A deduction), created by the Tax Cuts and Jobs Act signed into law in 2017. The QBI deduction, available in tax years beginning with 2018, allows owners of sole proprietorships, partnerships, trusts, and…

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Washington State Court Tosses Union Initiative Law

Bear with me on this one . . .  On Christmas Eve, the Appeals Court in the state of Washington invalidated a voter-approved law known as the Hotel Employee Health and Safety Initiative. On its face, Initiative 124 dealt only with hotel employees, however the depth and breadth of its provisions could have stretched far…

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Tennessee Requires Electronic Wage Reports

Earlier this year, the Tennessee Department of Labor and Workforce Development adopted regulations requiring employers to report wage and premium reports electronically. The electronic filing requirement becomes effective on January 1, 2019 for all employers. The regulation also provides for an exemption for those employers for whom the requirement creates a hardship. In those instances,…

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Enough’s Enough, Suit Filed Against NYC Scheduling Law

It’s reared its ugly head in enough places of late that the International Franchise Association (IFA) has joined forces with the National Restaurant Association and the New York Restaurant Association to sue New York City over its Fair Workweek law. The lawsuit, filed in the New York state supreme court on Monday, challenges the scheduling…

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Coffee Cancer Case Percolating Again

For the past couple of months, the hope existed that litigation pending in a Los Angeles Superior Court would ultimately be dismissed after the California Office of Environmental Health Hazard Assessment (OEHHA) recommended coffee retailers be exempted from California Proposition 65 requirements to include a cancer warning on coffee. Public comments included an endorsement of…

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CFA Inaugural Legal Symposium

The Coalition of Franchisee Associations (CFA) inaugural legal symposium will be held in a couple of weeks on Wednesday, October 24 at the Hyatt Regency McCormick Place. Although the CFA room block is now closed, rooms may still be available. Attendees will hear from top franchisee attorneys Robert Zarco with Zarco, Einhorn, Salkowski & Brito,…

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SEIU Wants NLRB Clock Turned Back

Through the veil of the Fight for $15 movement that it has bankrolled, SEIU demanded that two of the republican members of the National Labor Relations Board recuse themselves this week from decisions involving a pending settlement of a major McDonald’s case. The settlement was rejected by an NLRB administrative law judge last month and…

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NLRB Reaffirms ALJ Appointments

Speaking of the NLRB and decisions by Administrative Law Judges (ALJs), last week the Board unanimously ruled that its process for appointing administrative law judges falls in line with a recent Supreme Court decision on the subject. In Lucia v. SEC , SCOTUS found that the process used by the Security and Exchange Commission for…

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