NRA Challenge To Fast Food Wage

The first steps in the National Restaurant Association challenge to the New York $15 fast food minimum wage were taken last week as oral arguments were presented before the Industrial Board of Appeals.  The NRA is challenging the $15 fast food minimum on several grounds, notably that the decision to apply the increase to “a…

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Court Tosses St. Louis Minimum Wage Increase

A circuit court judge in Missouri has overturned the St. Louis ordinance increasing the minimum wage within the city to $8.25/hour.  The ordinance was scheduled to take effect yesterday, with additional increases to $9 on January 1, 2016, $10 in 2017 and finally to $11 at the beginning of 2018.  There was considerable debate for…

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Massachusetts Hears Tip Pooling & Fair Scheduling Bills

The Massachusetts legislature next week will host a public hearing at which DDIFO will testify strongly in support on one bill and just as strongly in opposition to another.  The joint Committee on Labor and Workforce Development will host the hearing beginning at 11:30 AM, at which it will take testimony on H.1704, an Act…

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Court Rejects IFA Appeal of Seattle Wage

A three judge panel of the 9th US Circuit Court of Appeals upheld the rejection by the lower court of arguments raised by the International Franchise Association in its lawsuit against the City of Seattle minimum wage law.  You will recall that the IFA challenged the law as being illegally discriminatory against franchises back when…

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But a Tiger Can’t Change Its Stripes

Just when you hope the NLRB is showing balance between labor and business, we learn of a decision they rendered in a Connecticut dispute (that was overturned by the federal court).  Our friends at Bennett Law Firm advised us this week that the DC Court of Appeals overturned the NLRB in a 5 year old…

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NLRB Upholds New Joint Employer Rule

In a much-anticipated decision, the National Labor Relations Board (NLRB) yesterday declared war on small businesses across the country and on the franchise industry in particular by upholding the new expanded definition of joint-employer.  By a partisan vote of 3-2, the full Board ruled that Browning-Ferris Industries (BFI) was a joint employer along with a…

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NLRB Pushes Forward with Joint-Employer

Originally, the notion of recasting the definition of “joint-employer” was floated as an opinion from the office of NLRB General Counsel.  Subsequently, General Counsel Richard Griffin formally charged McDonald’s Corp as a joint-employer in a number of labor disputes stemming from New York.  Last week, the new definition was formally adopted by the five-member National…

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NY Wage Board Minimum Opposed

In a likely preview of a potential legal challenge, the Business Council of New York State has released their comments submitted to the New York Department of Labor.   The organization objected to the wage board’s process for a whole litany of reasons including the improper impaneling of the board, the negative impact the recommendations will…

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California Teachers Challenge Union Dues Requirement

SCOTUS, the Supreme Court of the United States, has granted a petition and will hear a case brought by Rebecca Friedrichs and nine other California Teachers challenging the requirement that they pay the equivalent of full union dues in order to retain their position as public teachers.  The non-profit law firm, Center for Individual Rights,…

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Arizona Joins Fight Against Seattle Minimum Wage

The state of Arizona has injected itself into the Seattle wage issue against franchising in a good way, arguing in an amicus brief that the ordinance violates the Commerce Clause of the US Constitution (which gives the power to regulate commerce solely to the Congress), discriminates and “directly burdens 13 franchisors based in Arizona and…

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