State Preemption Efforts

As local communities across the country continue to pass their local mandates on such things as environmental policies, employee benefits, minimum wages and the like, some states have responded with state preemption laws prohibiting local communities from getting involved in dictating certain issues. We have a recent example out of Florida and one still brewing…

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New York State of Mind

In building a file to produce Small Regular No Sugar on a weekly basis, extreme policies proposed, considered, or enacted in New York City are regular entries for consideration – some are held until further action, others dismissed because “there’s no way they can be serious!” Well, with yesterday’s announcement that NYC Mayor Bill de…

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Alabama Senate Approves Franchising Bill

The Alabama state senate this week approved the Protect Alabama Small Business Act by an overwhelming vote of 26 -2! The bill now moves to the Alabama house where it has an equally encouraging chance of passage and could be brought for a final vote as early as next week. The Protect Alabama Small Business…

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Portland Yields Paid Leave to State Effort

Early this week, the Portland Maine City Council rejected a proposed ordinance to mandate paid sick leave for all employees instead endorsing the idea of one statewide paid leave standard. By a vote of 5-4 on Monday evening, the Council put to bed any further consideration of a local mandate and instead is working with…

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Mass Millionaire Tax Advances

The Massachusetts legislature, meeting in Constitutional Convention (ConCon) this week gave procedural approval to placing a constitutional amendment on the ballot in 2022. The proposal would amend the state constitution by allowing for classes of taxpayers to be taxed at different levels – more specifically, imposing an additional 4% surcharge on incomes exceeding $1 million.…

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Tennessee Gives Employers Safe Harbor

The state of Tennessee has expanded its Healthy Workplace Act to allow private employers to shield themselves allegations of workplace bullying. Public employers have enjoyed immunity since 2014, but now with the Governor signing the expansion April 23 to be effective immediately, private employers can receive legal immunity as well. All the employer needs to…

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Fair Franchising Moving Again in Alabama

The Protect Alabama Small Business Act (H134) was approved earlier this week by the House Committee on Commerce and Small Business and will likely be brought to the floor as early as next week. The committee sent the bill, which provides added security for franchisees to reinvest and grow their business, to the floor by…

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Maine Becomes 1st State to Ban Polysterene Foam

The state of Maine became the first state in the nation to ban the use of polysterene foam food and drink containers when Governor Janet Mills signed the restriction into law this week. LD 289, sponsored by Representative Stanley Zeigler, prohibits restaurants and other “covered establishments” from providing food or beverages in Styrofoam containers effective…

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Battle of the Bans

As some cities and towns around the country adopt more restrictions on business – banning plastic this or Styrofoam that, some states (Maine notwithstanding) look to put a stop to the growing patchwork of laws within their borders by preempting local regulations. A couple of recent cases in point – a week or so ago,…

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Soda Taxes in Play in Massachusetts

A number of cities across the country have adopted some form of soda tax over the past few years, but no such surcharges have been imposed at the state level since 1992. Arkansas, Tennessee, Virginia & West Virginia all have soda taxes, while they are preempted by Arizona, California and Michigan. But the dearth of…

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