Biz Interruption Goes to Trial

Although it clearly remains to be seen how the final verdict will play out, a federal judge in Missouri has allowed a COVID-19 business interruption lawsuit to proceed to trial. Judge Stephen Bough of the US District Court for Western Missouri continues to swim upstream on the issue of COVID-19 business interruption claims as most…

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Treasury, IRS Sick Leave Wages Rule

Earlier in September, the US Department of the Treasury and the Internal Revenue Service issued updated guidance providing information for employers on how to report on Form W-2 the amount of qualified sick and family leave wages paid to employees for leave taken in 2021. Notice 2021-53 provides guidance under recent coronavirus legislation including the…

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Turning the Calendar

Well, as we again flip the calendar, it’s important to note what laws may change on the first of any month. As we advised you in past issues, new provisions in the Connecticut equal pay act become effective today (on October 1, 2021) that prohibit pay differences between the sexes for comparable work (rather than…

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More About Third-Party Delivery

It seems as though of late reporting on some issue relating third-party delivery firms and municipalities taking action against them is becoming a weekly feature! About a month ago, we advised that New York City joined San Francisco in capping delivery fees; then the City of San Diego was mandating an itemized breakdown of fees…

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Coffee Chain Agrees to Union

Speaking of unionizing efforts, it was disappointing, to say the least, to read that the small Cambridge-based coffee chain, Darwins had voluntarily agreed to recognize its employees as unionized without going through a formal NLRB election process. Instead, the 4-unit chain will collectively bargain with Darwins United, which has established itself as an affiliate of…

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Competitor News

We noted a story yesterday that had Caribou Coffee joining the ranks of those offering a coffee subscription service. Caribou, which is now owned by JAB Holdings through its Pret Panera Holding Company, is following in the footsteps of sister-company Panera which launched their subscription service over a year ago. While the Panera subscription plan…

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In The Crosshairs!

With the National Labor Relations Board (NLRB) officially rescinding the joint employer standard developed during the Trump administration – a new standard becomes effective next Tuesday, September 28, 2021 – one would think the issue was off the radar. That is not the case however, as the Service Employees International Union (SEIU) filed suit in…

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Tip Credit Suit Tossed by Court

Along a similar line, a U.S. District Court judge for the Northern District of California has dismissed a lawsuit brought by One Fair Wage (an SEIU-sponsored advocacy group associated with the Restaurant Opportunities Center), ruling that the organization did not have standing to bring the complaint. The suit, filed against Darden Restaurants, alleged that the…

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EEOC Files COVID ADA Lawsuit

We knew it was coming at some point, and now the Equal Employment Opportunity Commission (EEOC) has filed its first lawsuit alleging an employer violated the American with Disabilities Act (ADA) by not allowing for a “reasonable accommodation” in the COVID era. The particulars in this case involve teleworking – not a major concern to…

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Small Biz Window Opens October 8

As was announced by the Small Business Administration (SBA) a couple of weeks ago, major changes to the Economic Injury Disaster Loan program (EIDL 2.0) have been implemented which present a short window of exclusivity for smaller businesses.  Beginning October 8, 2021, the SBA will focus its efforts exclusively on clearing the backlog of EIDL…

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