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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Dunkin’ Doings

Having failed thus far to get the tax returns of President Trump released, New York Attorney General Letitia James has turned her sights on Dunkin’ Brands, filing a suit against Dunkin for not providing notices to 20,000 DD Perks members that a 2015 cyber-attack may have compromised their customer information. In addition, the NY AG…

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Colorado Enacts Equal Pay Law

Just over a week after significantly increasing the penalties for failure to pay correct wages, Colorado Governor Jared Polis signed Senate Bill 85 into law last week making Colorado the latest state to enact an equal pay mandate. The law will become effective on January 1, 2021 at which time employees who believe they were…

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Competitor News

The Ninth Circuit Court of Appeals officially revived a case regarding a Starbucks corporate policy that requires an employee to clock out before uploading data about employees’ hours, sales, and other information. The federal case follows a separate state Supreme Court ruling earlier this year that determined that Starbucks must pay workers for the off-the-clock…

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Coffee Cancer Case Percolating Again

For the past couple of months, the hope existed that litigation pending in a Los Angeles Superior Court would ultimately be dismissed after the California Office of Environmental Health Hazard Assessment (OEHHA) recommended coffee retailers be exempted from California Proposition 65 requirements to include a cancer warning on coffee. Public comments included an endorsement of…

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Dunkin’ Doings

The bulk of the news on Dunkin’ this week focused on the name change dropping donuts that was announced in Las Vegas. There are other items to note however. First off, we want to congratulate Dunkin’ franchisee (and current CFA Chairman) John Motta on his reelection last week as the President of the USA Adult…

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More Minimum Wage Musings

The situation is somewhat similar down in Arkansas, where a ballot question is slated to be on the state November ballot. Earlier this week, a lawsuit was filed in the Arkansas Supreme Court by a coalition of business interests challenging the initiative and asking the court to order the initiative removed from the November ballot.…

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Miami Beach Minimum Wage Goes to Court

The appeal by Miami Beach of lower court rulings that blocked implementation of a separate local minimum wage has been accepted for review by the Florida Supreme Judicial Court. You may recall that Miami Beach passed an ordinance back in 2016 increasing the minimum wage within the city to $13.31 by 2021. The ordinance passed…

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More Right to Work Challenges/Opportunities

The Kentucky Supreme Court will hear oral arguments today in a challenge to the state right to work law. Kentucky labor leaders sued Governor Matt Brevin after he signed right to work into law in January 2017.  The state legislature adopted it in response to a number of counties throughout the Bluegrass State passing their…

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A New “Drive-by” Lawsuit

It can’t even be called a “drive-by” lawsuit, but metaphorically speaking, that is the perfect description. A lawsuit against Dunkin’ has been revived and remanded by the 11th Circuit Court of Appeals. Dennis Haynes v. Dunkin’ Donuts, LLC stems from allegations by a Haynes, a blind Florida man that he was being discriminated against in…

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