Caesars “Craps Out” with NLRB

It is a sure bet that under the current administration, the NLRB has no intention of taking its foot off the throat of non-union business.  If you need a recent example, we’d point you to its decision a few weeks ago against Caesar’s Entertainment (specifically, the Rio Suites Hotel & Casino, site of the 2014…

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SCOTUS Split Gives Unions Victory

With the untimely passing of Supreme Court Justice Antonin Scalia 6 weeks ago, court watchers immediately began speculating how his absence (and his unfilled seat) would impact a host of important cases pending before the court.  We got our first taste this week as the court announced a 4 – 4 split decision in Friedrichs…

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DOL Persuader Rule Challenged in Court

Speaking of federal courts, it seems the US District Court for the Eastern District of Arkansas just became ground zero for the initial fight over the Department of Labor Union Persuader Rule, just finalized last week.  In response, a lawsuit was filed this week by the National Association of Manufacturers, the Arkansas Chamber of Commerce…

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FMLA Liability Can Be Far-Reaching

Our friends at the law firm of Murtha Culina advise us of an important appellate level court decision rendered last week that should send shivers around the human resources department.  The 2nd Circuit Court of Appeals rendered a decision last week that under certain readings of the Family Medical Leave Act, a company’s human resources…

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Dunkin’ Doings, Or Maybe Didn’ts

A 13-year old court case has finally been put to bed once and for all as the Supreme Court of Canada rejected a final appeal by Dunkin Brands Canada, Ltd.  The case was brought in 2003 by Dunkin’ franchisees in Quebec province who alleged that Dunkin’ didn’t live up to its obligation to promote the…

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EEOC Opens New Front in Discrimination War

The Equal Employment Opportunity Commission (EEOC) has broadened the fight to eliminate discrimination in the workplace by filing lawsuits against two employers for sexual harassment against a gay and lesbian worker.  The commission has ruled in the past that the anti-discrimination provisions of the Civil Rights Act of 1964 are expansive enough to protect gay…

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New York Appeals Court Halts Sodium Warning

Just one day before fines and penalties were scheduled to begin, the New York state appeals court has granted a temporary stay in the National Restaurant Association’s lawsuit challenging the validity of New York’s new sodium warning requirement.  Just last week, NY supreme court justice Eileen Rakower threw out the NRA suit and dismissed their…

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IFA Files Amicus in NY Fast Food Challenge

The International Franchise Association (IFA) on Monday filed an amicus brief in conjunction with the National Federation of Independent Business (NFIB) supporting a lawsuit challenging the NY fast-food minimum wage.  The National Restaurant Association (NRA) originally challenged the discriminatory ‘fast-food-only minimum wage increase’ when it was first mandated by the NY Fast Food Wage Board,…

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New Mexico Upholds Employee Firing for Marijuana

As more states authorize the use of marijuana for medical purposes, the body of law establishing parameters to govern its use becomes more important and far-reaching.  In a recent decision, the termination of an employee in New Mexico who legally used marijuana for a medical condition was upheld by the court.  Notwithstanding that the employee…

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IFA Appeals Seattle Discrimination to SCOTUS

The International Franchise Association (IFA), which filed suit in 2014 against the City of Seattle after it passed a $15 minimum wage law that discriminates against the franchise business model, has appealed the dismissal of the case, subsequently upheld by the US 9th Circuit Court of Appeals, to the Supreme Court of the United States…

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