The Equal Employment Opportunity Commission (EEOC) formally authorized entering into a Memorandum of Understanding (MOU) with other agencies to improve collaboration and enforcement of federal labor laws. The full complement of 5 EEOC Commissioners (3 republican & 2 democrat members) met publicly, albeit virtually, for the first time in quite a while to discuss and…
Read More »It would seem that getting the full complement of NLRB Members in place and ridding it of Obama overreach may lighten the workload for the federal court system quite a bit. The U.S. Court of Appeals for the DC Circuit earlier this week overturned another NLRB decision that came out of Portland, Oregon. The management…
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Rob Branca Before his career as a Dunkin’ Donuts owner and franchise industry expert, Rob Branca practiced law at the firm of Lisa & Sousa in Providence, RI. He worked closely with many Dunkin’ franchisees, setting up their business entities and real estate transactions—all the while gaining valuable insight into how family businesses operate and…
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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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In continuing a string of anti-business rulings, the National Labor Relations Board has again come down hard on standard business decisions, ruling recently that an employer’s enforcement of a workplace policy prohibiting employees from disseminating confidential information, such as personal or financial information violated the National Labor Relations Act and was therefore illegal. The particular…
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After numerous lawsuits about his “recess appointments,” President Obama struck a deal with Congress that allowed him to fill the vacant positions on the National Labor Relations Board. Those appointments have now all been made and the board is at a full complement of members. The question remains as to whether they will reaffirm a…
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As we comb the courts for examples of cases involving franchising, restaurants and labor law, we try to home in on those that could impact Dunkin’ Donuts franchise owners. In this issue of Independent Joe, we want to bring you up to date on a series of cases argued before the U.S. Supreme Court which…
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Swipe Fee Settlement Deadline of May 28! – Regarding the proposed credit card swipe fee settlement, franchisees are reminded that they have until May 28, 2013 to advise the court whether they want to be included in the settlement. The proposed settlement offers monetary damages and limited modifications to Visa and MasterCard surcharging rules, but also mandates…
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The National Labor Relations Board has ordered covered, private sector employers to post a notice of employee rights under the National Labor Relations Act. The final rule takes effect (after several postponements) on April 30, 2012.
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Assosiated Press reports at Fox News The California Supreme Court ruled Thursday that employers are under no obligation to ensure that workers take legally mandated lunch breaks in a case that affects thousands of businesses and millions of workers. Read More..
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