New Department of Justice Policy on Bank Account Seizures

In what one might argue is positive news coming out of Washington, Attorney General Holder has announced new limits on the Department of Justice’s ability to seize assets of private businesses for suspected ‘structuring’ (manipulating cash deposits to under $10,000 to avoid IRS reporting requirements).  Under the new policy on asset forfeiture, assets will not…

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DOL Signals Increased Enforcement

US Secretary of Labor Thomas Perez testified before Congress a week ago on the DOL budget request and in so doing, gave an impression that there will be increased enforcement by his department on perceived wage and hour violations.  Aside from minimum wage issues, the Obama administration is increasing their focus on overtime pay.  During…

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SCOTUS Sides With Pregnant Worker vs. UPS

The Supreme Court of the United States this week agreed with a pregnant UPS worker’s contention that the lower court erred in finding in favor of UPS and remanded the case to the Fourth Circuit court.  Interestingly, the Supreme Court rejected both of the actual claims put forth by attorneys for Peggy Young, the pregnant…

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IFA Injunction Tossed Out in Seattle Challenge

Speaking of lawsuits and court decisions, the lawsuit initiated last year by the International Franchise Association (IFA) in the wake of Seattle passing a new $15 minimum wage law suffered a major defeat when the US District Court in Seattle rejected all of the IFA arguments and refused to enjoin the law, which will take…

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IFA Injunction Denied by Federal Court over Seattle Law

In a clear blow to franchise industry interests, the International Franchise Association’s lawsuit seeking to enjoin the Seattle Minimum Wage law from taking effect as scheduled on April 1 was denied by the Federal Court in Seattle.  In its decision, the court rejected every IFA argument that allowing certain provisions of the law to take…

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Challenge to Obama Care Tax Credits Heard by SCOTUS

The US Supreme Judicial Court heard arguments this week on the issue of tax credits being utilized in the Affordable Care Act.  The issue stems from language in the health care law (“We have to pass the health care bill so we can find out what’s in it.” – then-Speaker Nancy Pelosi) that authorizes a…

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Lawsuit Effort to Expand “Joint-Employer”

We’re all following the NLRB push to include franchisors as “joint employers” so as to ease unionizing efforts, but now comes a new fight to expand that definition.  Last week, 10 former employees of a Virginia McDonald’s restaurant filed a civil rights suit alleging racial harassment and discrimination against the franchisee, but the lawsuit also…

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Federal Court Strikes “Joint-employer”

It may not have been the McDonalds case that brought the issue to the forefront and it may not be a direct challenge to the new NLRB definition, but a federal District Court has dismissed a “joint-employer” argument in a case involving franchisor Massage Envy. In the case of Vann v Massage Envy Franchising LLC,…

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SCOTUS Passes on Another Major Challenge

As its mandates begin to take effect, the Affordable Care Act dodged another legal bullet this past week when the Supreme Court of the United States (SCOTUS) declined to hear an appeal of a suit brought by the Association of American Physicians and Surgeons challenging the requirement for recertification of physicians as well as a…

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Court Strikes Dept of Labor OT Ruling

Although it clearly doesn’t impact the QSR industry, we’re certainly pleased to learn that a federal court in Washington DC has struck down portions of a ruling of the Department of Labor mandating minimum wages and overtime pay for certain home health companion workers employed by third party businesses.  The decision will hopefully serve to…

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