DOL Issues New Guidance on Joint-Employer

The Department of Labor this week released a new interpretation on the joint employer issue that franchisees need to be aware of.  David Weil, Administrator of the DOL’s Wage and Hour Division, and the individual most responsible for the application of joint employer as it relates wage and overtime protections released the guidance and then…

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New Year Means New Requirements

With the New Year, also comes a host of new requirements on businesses.  For many states across the nation, the increased minimum wages translate into new employee information posters being required in all businesses.  In other states, changes to different statutes governing employment law may mean that new posters are required even if the wage…

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More NLRB Regulatory Rewrites

The National Labor Relations Board (NLRB) continues to rewrite a host of definitions under the National Labor Relations Act, much to the dismay of many business interests.  Just over a month ago, and coming on the heels of the Browning-Ferris decision that speaks to joint employer status in third party business relationships, the Board ruled…

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New Jersey Meeting Next Week

With the seemingly endless array of significant changes to employment law happening around the country, franchise owners are encouraged to stay up to date on their obligations as an employer.  Those of you in New York and New Jersey are reminded that DDIFO will host a member meeting next Tuesday, December 15 at the Doubletree…

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Latest NLRB Decision Strikes Arbitration Agreement

The NLRB San Francisco division ruled earlier this week that the Jack-In-The-Box, Inc. arbitration agreement violates the National Labor Relations Act in that as a requirement of employment, it inhibits an employee’s ability to bring a class action suit.   NLRB administrative Judge Mary Miller Cracraft recommends that the provision be either revised or rescinded.  A…

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But a Tiger Can’t Change Its Stripes

Just when you hope the NLRB is showing balance between labor and business, we learn of a decision they rendered in a Connecticut dispute (that was overturned by the federal court).  Our friends at Bennett Law Firm advised us this week that the DC Court of Appeals overturned the NLRB in a 5 year old…

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NY Court Strikes Styrofoam Ban

Two days ago, the New York City ban on Styrofoam cups and food containers was struck down by a Manhattan Supreme Court justice.   Judge Margaret Chan rejected the contention of NYC Sanitation Commissioner Kathryn Garcia that expanded polystyrene was not recyclable in the face of evidence to the contrary presented by plaintiffs Dart Container Corp…

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Federal Court Validates “Ambush Elections”

US District Court Judge Amy Berman Jackson for the District of Columbia validated the NLRB “ambush election” rules in her decision last week on a challenge brought before the DC court by the business community.  Judge Jackson characterized the challenge as a disagreement with “choices made by the agency entrusted by Congress with broad discretion…

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“One Toke Over The Line”

As medical and recreational use of marijuana gains more acceptance in states across the country, employers must be diligent in exercising care to comply with employment laws.  Bennett Law Firm advised us this week of a recent decision by the Supreme Court of the state of Colorado that found in favor of the employer.  In…

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Employers Must Accommodate Transgender Employees

Right alongside EEOC, we have the Occupational Safety and Health Administration (OSHA).  Ostensibly charged with ensuring the safety of the nation’s workforce, OSHA responded to a request by the National Center for Transgender Equality by issuing a guidance advising employers that they must accommodate employees based on the gender with which the employee identifies.  Incredibly,…

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