Mandatory GMO Labeling One Month Away

In a little over one month, Vermont will become the first state in the nation actually requiring the labeling of foods containing genetically modified organisms (GMO).  The Vermont mandate was signed into law just over 2 years ago and immediately challenged by the Grocery Manufacturers Association along with the Snack Food Association, International Dairy Foods…

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Federal Court Tosses Obama Care Subsidies

A federal judge yesterday ruled the Obama administration does not have the authority under the Affordable Care Act to send billions of dollars of cost-reduction payments to insurers without an appropriation from Congress. “Cost sharing reduction payments” had been made to insurance companies to encourage their lowering deductibles and co-payments for low-income Americans who have…

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Employee Manual is Too Broad Says NLRB

The National Labor Relations Board ruled just two weeks ago that an employee manual being used by a number of private companies was so broadly written that it violated the National Labor Relations Act (NLRA).  NLRB administrative law judge David Goldman ruled that some of the policies contained in the Quicken Loans employee manual, known…

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Alabama Punctuates Opposition to Persuader Rule

The state of Alabama became the 10th state to petition the federal District Court for the Eastern District of Arkansas for an injunction against the Department of Labor regulation.  The DOL rule essentially negates the employer’s attorney-client privilege and tips the scales in favor of organized labor in union representation elections at private companies.  Alabama…

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Dunkin’ Doings, Or Maybe Didn’ts

A 13-year old court case has finally been put to bed once and for all as the Supreme Court of Canada rejected a final appeal by Dunkin Brands Canada, Ltd.  The case was brought in 2003 by Dunkin’ franchisees in Quebec province who alleged that Dunkin’ didn’t live up to its obligation to promote the…

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GMO Labeling Back In Headlines

Speaking of Vermont, the state was the first to mandate special labeling of foodstuffs containing genetically modified organisms (GMOs) back in 2014 when Governor Shumlin signed the labeling legislation into law.  Since that time, the law has been challenged by the Grocers Manufacturers Association in a lawsuit that is still pending (the court rejected the…

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IFA Files Amicus in NY Fast Food Challenge

The International Franchise Association (IFA) on Monday filed an amicus brief in conjunction with the National Federation of Independent Business (NFIB) supporting a lawsuit challenging the NY fast-food minimum wage.  The National Restaurant Association (NRA) originally challenged the discriminatory ‘fast-food-only minimum wage increase’ when it was first mandated by the NY Fast Food Wage Board,…

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Hawaii Franchising Legislation Filed

Legislation amending Hawaiian law on franchising was filed last week and will be considered again this session by the Hawaii House of Representatives.  HB2192 would make pre-dispute forum selection clauses in franchise agreements voidable under Hawaiian law.  Currently, franchise provisions can require adjudication of disputes in out-of-state jurisdictions, thousands of miles away.  This makes judicial…

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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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New York City Sodium Warning Takes Effect

New York City this week became the first government in the nation to require sodium warning notices on menu items that exceed the recommended daily limit of 2300 mg of salt.  The requirement, which was adopted by the city Health Board back in September, officially became effective this past Tuesday, December 1, although the fines…

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