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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NLRB Advises Freshii is Not “Joint-Employer”

In what may represent some refinement in their recent advisory regarding “joint-employers”, the NLRB recently issued a ruling declaring that restaurant franchise Freshii does not qualify as a “joint-employer” in a case involving alleged retaliation by a Freshii franchisee against employees involved in unionizing activities.  Essentially, the NLRB ruled that Freshii “control” over its franchisee’s…

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Court Denies Injunction, But Won’t Dismiss Case

There was good news and bad news in the decision of the US District Court Judge Christina Reiss – she allowed the challenge to move forward, but denied the injunction sought by the Grocery Manufacturers Association, along with the Snack Food Association, the International Dairy Foods Association and the National Association of Manufacturers.  The industry…

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Unions File 141 Ambush Elections Under New Rules

It certainly didn’t take long for the true impact of the NLRB new “ambush election” rule to be felt across the country.  In a supplemental brief filed by the Associated Builders and Contractors of Texas in their legal challenge to the “ambush” rule, they report that just since the rule became effective on April 14…

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Connecticut Wants To Fine Wages Under $15

Connecticut last year became the first state to adopt a statewide minimum wage of $10.10 per hour, but as you might expect, that wage is no longer sufficient for some in the Nutmeg State.  Organized labor leaders were advocating legislation this week in Connecticut that will not only increase that minimum to $15/hour, but will…

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SCOTUS Sides With Pregnant Worker vs. UPS

The Supreme Court of the United States this week agreed with a pregnant UPS worker’s contention that the lower court erred in finding in favor of UPS and remanded the case to the Fourth Circuit court.  Interestingly, the Supreme Court rejected both of the actual claims put forth by attorneys for Peggy Young, the pregnant…

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