Appeals Court Upholds NLRB Ruling vs Franchisee

The aforementioned NAM Challenge to the persuader rule was filed in the District Court for Arkansas which falls within the jurisdiction of 8th US Circuit Court of Appeals.  That same court by a 2-1 decision rendered just weeks ago, upheld an NLRB ruling against a Jimmy John’s franchisee in Minnesota who fired six workers for…

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Comments End on DOL Sick Leave

For those of you who may enjoy a business on federal land or otherwise have a federal contract of some sort, we remind you that the public comment period for the paid sick leave mandate on federal contractors, closes on Tuesday, April 12.  The DOL regulation mandates that covered employers provide paid sick leave at…

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DOL Finalizes Persuader Rule

On Wednesday of this week, the Department of Labor (DOL) issued its final rule of the “Advice” Exemption in Section 203(c) of the Labor-Management Reporting and Disclosure Act – more commonly known as the persuader rule.  In the context of unionization efforts within a business, the rule requires employers to disclose to DOL conversations with…

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Congress Tries To Reign In DOL Overtime Rule

The aforementioned persuader rule is only one of a host of significant changes being foisted upon American business by the Department of Labor.  As we reported last week, DOL has sent its proposed final rule on the overtime threshold to OMB for final approval prompting Congress to consider legislation to overturn DOL’s dramatic expansion of…

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Department of Labor Pushes Mandatory Sick Leave

Last week, the Department of Labor (DOL) tipped their hand by sending one of their executives to Massachusetts to testify in support of a legislative proposal mandating sick leave for all private sector employees.  This week, they threw in for “the full Monty” with the department formally proposing a rule that will mandate paid sick…

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DOL Looks to Expedite New OT Rule

Last fall, the Department of Labor (DOL) released a regulatory agenda targeting this coming July for the release of its final rule on the implementation of the new overtime “white collar exemption”.  It is beginning to look however, like DOL will expedite the new OT rules and make it effective as early as the spring! …

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DOL Official Endorses Paid Sick Leave

As if sticking it to business through the aforementioned overtime rule wasn’t enough transformation, Deputy Secretary of Labor Chris Lu came to Massachusetts last week to advocate for the adoption of mandated paid family and medical leave for all employees.  The administration’s push for national paid sick leave mandates has not gotten any traction in…

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DOL Issues New Guidance on Joint-Employer

The Department of Labor this week released a new interpretation on the joint employer issue that franchisees need to be aware of.  David Weil, Administrator of the DOL’s Wage and Hour Division, and the individual most responsible for the application of joint employer as it relates wage and overtime protections released the guidance and then…

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DOL Persuader & Overtime Rules Delayed To 2016

Through the Office of Management & Budget, the Obama Administration indicates that two proposed rules of interest to the QSR industry will not be finalized this year as originally expected.  The Department of Labor’s so-called Persuader Rule, which was to be finalized in December, 2015 has now been delayed until March of next year.  The…

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“Underground” Regulations Proliferate

Enacting laws by Executive Order without Congressional approval seems to fall right in line with the lack of transparency and public scrutiny which the Obama administration is leaving as its legacy.  The National Federation of Independent Business (NFIB) released a report recently in which they point to a dramatically rising tide of regulatory mandates, opinions…

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