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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AG Holder Expands Title VII

As if to buttress Judge Leon’s statement, lame-duck US Attorney General Eric Holder has expanded the definitions contained in Title VII of the Civil Rights Act of 1964 by including discrimination against transgender individuals as a violation of the federal law.  Technically, Holder reversed an earlier decision by the Department of Justice that Title VII…

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NLRB Goes to Next Level

The National Labor Relations Board this week took what their general counsel has been threatening for the past few months, filing 13 complaints against McDonald’s franchise owners – and naming McDonalds Corporation as a co-defendant in the action.  The charges allege some 78 violations of employee rights to organize and collectively bargain, but most importantly,…

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NLRB Authorizes Email Organizing

It was designed as a neutral agency that would ensure fair application of the nation’s labor laws, but the new focus of the National Labor Relations Board seems to be anything but.  Last week, in the first of a couple of egregious rulings, the agency decided by a 3 – 2 vote in a case…

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Then They “Ambushed” Business

One day after their email ruling, the NLRB issued another doozy – this one, their final ruling on the “ambush” or “quickie” election, long sought by organized labor.  The new rule will effectively reduce, rather significantly, the amount of time an employer has to prepare for a union election.  The new rule provides that businesses…

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Putting a Face To “Joint Employer”

If you’re wondering what the real rationale might be behind some of these outrageous rulings, especially the “joint-employer” determination threatened by the NLRB General Counsel Robert Griffin, we may have just the vehicle for you.  We noted in a news article somewhere this week that Griffin recently gave a keynote luncheon address, appropriately titled “Zealous…

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Right To Work Upheld in Indiana

In neighboring Indiana, the state Supreme Court has unanimously upheld the state right to work law, dealing a blow to organized labor, which had strongly opposed the law when it was passed in 2012.  Generally, Right to Work laws prohibit an employer from requiring union membership or requiring the payment of any monies (including union…

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Meet the New NLRB, Same as the Old NLRB

Last year, in a unanimous opinion, the US Supreme Court struck down President Obama’s recess appointments to the National Labor Relations Board as unconstitutional because the Senate was not in recess at the time (NLRB v Noel Canning).  Subsequently, an agreement was reached between the President and the leadership in the US Senate that would…

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