Fight for $15 Active Again in New Year

The SEIU (Service Employees International Union) sponsored advocacy group, Fight for $15, continues to push for increased wage minimums in a host of states around the country. The most recent example of their ongoing efforts was seen in the state of New Hampshire, where the New Hampshire House of Representatives voted last week to raise…

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DOL Finalizes Joint Employer

Notwithstanding the above and possible re-opening of the issue, the U.S. Department of Labor (DOL) has released the final version of the long-awaited joint employer rule. The final rule now employs a four-part test to determine joint employer status that includes whether a franchise: 1) maintains power to hire and fire; 2) supervise schedules and…

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Much Year-End Action at NLRB

Despite approval of 2 articles of impeachment against the President this week in the US House, the more impactful news these weeks may be coming out of the National Labor Relations Board. Nothing will change when the impeachment articles are rejected by the Senate, but the NLRB has made some big changes that will reverberate…

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DC Think Tank Charges NLRB Favors Business

After so many years of National Labor Relations Decisions coming down on the side of organized labor, the tide has now turned according to a liberal Washington DC think tank. The left-leaning Economic Policy Institute released an analysis of NLRB decisions this week that they claim shows a bias in favor of business interests by…

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In Joint Employer Battle: Round 2 Goes to McDonald’s

On Tuesday of this week, a federal appeals court gave McDonald’s Corporation a significant victory on the question of joint employment status. The US Court of Appeals for the 9th Circuit found in Salazar v. McDonalds that the company was not a joint employer in that it did not exert enough control over employees at…

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Joint Employer Comment Period Expires

The comment period on the Department of Labor joint-employer proposal came to a close earlier this week with more than 12,500 public comments having been submitted. As drafted, DOL’s proposed joint employer regulation employs a new four-part test to determine joint employer status under the Fair Labor Standards Act (FLSA). Those four components include the…

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NE Regional Meeting: Local TV Host Chronicles the Importance of Information

Dunkin’ franchisees from across New England gathered in late April for the annual NE regional meeting. DDIFO invited new business members to join the event at the Sheraton Needham Hotel. Labor attorney Dan Field, a former Chief of the Massachusetts Attorney General’s Fair Labor Division, was a featured speaker and touched on critical issues like…

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DOL Rule Still Just A Promise

On another front in the ongoing joint employer battle, the clarification promised by the Department of Labor in the form of a new rulemaking defining joint employer under the provisions of the Fair Labor Standards Act (FLSA) has yet to be completed. The DOL had proposed that such a rule would be written and circulated…

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Congress Asks NLRB To Scrap Joint Employer

Speaking of the NLRB, a bipartisan group of 83 US House members have sent a letter to the National Labor Relations Board asking the agency to roll back the Obama-era expansion of the joint employer definition. The joint employer issue has its own lengthy (and growing) history relating decisions, recusals and reversals by the National…

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NLRB Released Plan, Extends Comment Period

The National Labor Relations Board (NLRB) last week released its strategic plan for the agency’s immediate future and this week that it was again extending – for a second time – the comment period for its proposed joint employer rule, which would make it harder for businesses to be held liable for labor violations committed…

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