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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Economy Showing Some Strength as US Adds 214,000 Jobs

There was more encouraging news on the economic front this week as the nation’s economy added 214,000 new jobs in the month of October – reportedly the ninth straight month of 200,000 plus new jobs.  At the same time, the Department of Labor reported last week that the nation’s unemployment rate in October fell to…

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Limiting your Legal Liability for Employee Compensation Claims

As a Dunkin’ Donuts franchisee, you and your labor lawyer should immediately audit your franchise’s compensation practices. Lawsuits for unpaid minimum and overtime wages are on the rise, and several Dunkin’ Donuts franchisees in the northeast have been the targets of lawsuits and Department of Labor investigations. In September 2014, a Dunkin’ Donuts franchisee near…

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Army and Air Force Exchange

No Relief On Military Bases

The question of increasing the minimum wage on military bases around the nation now appears to be firmly decided – against fast food businesses operating under a federal service contract.  The Department of Labor has rejected requests for an exemption from the increased federal minimum wage for QSRs operating on military bases and other government…

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Now NLRB Tackles Independent Contractors

Coming just months after the egregious “joint-employer” ruling by the NLRB General Counsel, the agency has again come down on the side of enhancing labor’s unionizing capabilities at the expense of business.  Our friends in the Hartford office of Murtha Cullina advised us that last week the National Labor Relations Board ruled that FedEx Home…

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Labor Secretary Perez Eyed For AG

Following along that same line of thought, we are quite concerned about the notion, raised in a number of circles, that Labor Secretary Tom Perez may be nominated by President Obama to replace outgoing Attorney General Eric Holder.  Perez has impeccable credentials as a union advocate, but not so much as an impartial enforcer of…

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House Republicans Seek Overhaul of NLRB

In the wake of a public hearing last week on the issue, Republicans in the US House of Representatives this week filed legislation that seeks to force a redirection of the National Labor Relations Board back to its historical role as an arbiter of labor disputes rather than an advocate of labor expansion.  The proposal…

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Fast Food Workers Arrested at Fight for $15 Rallies

According to national news reports, fast food workers, joined by SEIU members, and other activists and protesters engaged in civil disobedience to draw attention to their efforts to force unsustainable increases to minimum wages around the country.  Media stories, such as this one from the New York Times and this from the LA Times, seem…

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NLRB Rules Franchisor is Co-Employer

In an absolutely egregious decision rendered this week, the National Labor Relations Board continues its war against small business, ruling that McDonald’s is essentially a co-employer with its franchisees and hence, part and parcel to employment decisions – and missteps – at individual restaurants!  The decision was issued Tuesday by former labor official Richard Griffin, Jr.,  General Counsel for the…

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