Refunding Right to Work

The legal arm of the National Right to Work Committee (NRWC) filed a couple of class action lawsuits in Ohio earlier this week. One of the cases seeks refunds of “fair share fees” taken by local affiliates of the American Federation of State County and Municipal Employees Union (AFSCME), while the other seeks to strike…

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Soda Taxes Done, Council Looks at Scheduling

With its egregious soda tax legislation having been ratified by the Pennsylvania Supreme Court a few months ago, the Philadelphia City Council has now turned its eye to another business-killing idea. They announced they’ll hold a public hearing on October 30 to review restrictive scheduling legislation pending before the body. The legislation, introduced back in…

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Competitor News

The Ninth Circuit Court of Appeals officially revived a case regarding a Starbucks corporate policy that requires an employee to clock out before uploading data about employees’ hours, sales, and other information. The federal case follows a separate state Supreme Court ruling earlier this year that determined that Starbucks must pay workers for the off-the-clock…

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Miscellaneous

The ever useful QSR Magazine Drive Thru Study was published earlier this week and it bodes pretty well for Dunkin’ while identifying some areas for improvement. The one-of-a-kind study found Dunkin’ being the 2nd fastest overall of the 10 QSR Brands displayed and fastest when including presells while enjoying 90% accuracy in completing its drive-thru…

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Upcoming Events

Watch for the announcement this week of our next member meeting in Chicago on November 13 featuring a presentation by franchise attorney Michael Boxerman. The event will be held at the Hyatt Regency O’Hare and will focus on a number of important franchise issues as well as a host of employment law issues such as…

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IRS Issues New Guidance on TCJA

The Internal Revenue Service (IRS) recently released new regulations governing the applicability of certain provisions contained in the Tax Cuts and Jobs Act (TCJA) signed into law last year. First, for tax years 2018 and 2019, employers may be eligible for a tax credit when they give eligible employees paid family and medical leave. Notice…

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DOL Extends PAID Program

The Department of Labor on Tuesday announced it was extending the Payroll Audit Independent Determination Program (PAID) for an additional six months. PAID is a voluntary compliance initiative that helps workers collect back wages due them in an expedited manner without having to wait for lengthy investigations to conclude or initiate court cases. Through PAID,…

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Welcome to the Hotel California!

Somehow it seems appropriate that rock band The Eagles released that hit song in 1976, early in the first administration of California Governor Jerry Brown (1975 – 1983). Well, it must be déjà vu all over again as the same Governor Brown signed a couple of different bills recently that can significantly impact small businesses…

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Coffee Cancer Case Percolating Again

For the past couple of months, the hope existed that litigation pending in a Los Angeles Superior Court would ultimately be dismissed after the California Office of Environmental Health Hazard Assessment (OEHHA) recommended coffee retailers be exempted from California Proposition 65 requirements to include a cancer warning on coffee. Public comments included an endorsement of…

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Pennsylvania IRRC Concerned over Overtime Threshold

Back in the summer months, the Pennsylvania Department of Labor and Industry (DLI) released proposed revisions to the Pennsylvania Minimum Wage Act overtime exemptions (currently set at $250 per week or $13,000 per year). The proposal recommended increasing the state overtime exemption threshold in each of the next three years with the first increase in…

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