California Considerations and Court Challenges

Where to begin? Well, for openers and staying with the theme of a January 1 effective date, a ban on the use of latex gloves in restaurants throughout California takes effect with arrival of the New Year. California Governor Gavin Newsom signed legislation back in September (SB 677) making the Golden State the 7th in…

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Court Halts San Antonio Paid Sick Leave

The battle continues in San Antonio over an ordinance passed by the City Council mandating paid sick leave for private employees. The ordinance, originally passed over a year ago and approved again in October 2019, was set to take effect this past weekend (December 1) but was enjoined last week by State District Court Judge…

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Employer Liability for Marijuana Termination

Although it is still very much a developing body of law, employers must be especially cautious in the actions they take against employees who may be legally using marijuana for medical purposes. In the first state or federal decision in Pennsylvania, the Court of Common Pleas in Scranton allowed a lawsuit to proceed against the…

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Drive-By Lawsuits 2.0

For several years now, businesses have been plagued by litigation alleging violations of the American with Disabilities Act (whether violations existed or not) in order to extract a financial settlement (small enough to be worth settling, but large enough to be a problem) from the business owner. Such lawsuits become known as “drive-by lawsuits”. For…

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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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