Keeping Up On Joint-Employer

While minimum wage and paid sick leave battles steal much of the anti-business limelight of late, we can’t lose sight of the importance of the ongoing efforts to effectively negate the National Labor Relations Board (NLRB) recasting traditional employer definitions.  As the McDonald’s v NLRB joint-employer case continues in a Manhattan courtroom, there’s been plenty…

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Wisconsin Court Strikes Down Right to Work

In a ruling last week that caught many by surprise, a state court judge ruled the Wisconsin right-to-work law violated the state constitution.  Dane County Court Judge William Foust agreed with the organized labor plaintiffs that the right to work law was an illegal taking of union funds by the government without compensation.  Not surprisingly,…

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Ohio Reps File $2 Minimum Wage Hike

With Ohio Governor John Kasich’s presidential campaign still alive after he won the Buckeye State republican primary this week, could Ohio legislators be looking at slipping a minimum wage increase through while he’s not looking?  Columbus Representative Hearcel Craig along with Representative Kent Smith of Euclid filed a bill last week that would increase the…

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Utah and Wisconsin Ban Joint-Employer

Speaking of the egregious joint-employer ruling, two more states have enacted laws that strictly prohibit the application of the NLRB joint-employer definition within their boundaries.  Utah Governor Gary Herbert is expected to sign H.116, which specifies that no franchisee or employee of a franchisee shall be considered an employee of the franchisor for any purpose…

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Ohio Bill Seeks To Ease Employment Discrimination Law

The Ohio legislature is considering a proposal that would clean up and simplify Ohio employment discrimination law.  If passed and signed into law by Governor (and presidential candidate) John Kasich, Senate 268 would reduce the timeframe within which employment discrimination claims would need to be filed from the current 6 year period to one year,…

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States Look to Restrict Joint-Employer

One approach to clarifying the issue and clearing up any confusion it may have caused is legislation at the individual state level that unmistakably defines who is and is not a joint employer.  As we’ve advised in past issues, 3 states (Tennessee, Louisiana & Texas) had passed into law clarifying legislation that effectively exempts franchising…

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Competitor News

Tim Horton’s plan for growing more quickly in the US would seem to be centered in central Ohio as the Canadian coffee and donuts chain last week announced a second development agreement for new stores over the next six years.  Reports do not specify the number of stores to be developed, only that “aggressive development…

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Tackling “Joint Employer” in the New Year

As the individual state legislatures begin new sessions, efforts to address the new NLRB definition of a joint employer at the state level are front and center in Wisconsin, Michigan and Virginia.  Senate Bill 422 in Wisconsin prohibits a franchisor being considered a joint employer with the franchisee unless the former agrees to the role…

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Miscellaneous

Last week, the US Census Bureau issued its annual report on population estimates and trends from July, 2014 to July 2015.  According to the report, the US population increased by 0.79 percent to 321.4 million people (that’s a lot of coffee!). North Dakota (+2.3%) was the fastest-growing state for the fourth consecutive year, while the…

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And Then, There’s The Heartland

The minimum wage issue surfaced in both Ohio and Idaho this past week, but in far less extremes than on either coast.  Voters in the small resort town of McCall, Idaho rejected a ballot question increasing the minimum wage to $10.25 an hour.  Although a small town, the McCall vote was perceived as an important…

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