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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Zarco Presenting At DDIFO Florida Meeting

Renown franchise attorney Robert Zarco has confirmed as the presenter for the Orlando District meeting on February 26 at the Four Points by Sheraton Orlando Studio City Hotel.  Attorney Zarco, founding partner of Zarco Einhorn Salkowski & Brito, will be presenting on the Affordable Care Act and its ramifications for franchise owners as well as…

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Florida District Meeting

In just two weeks, DDIFO will welcome our southeast members to the Orlando District meeting on February 26 at the Four Points by Sheraton Orlando Studio City Hotel.   This program, which will focus on ramifications of the Affordable Care Act its application for Dunkin’ franchise owners.  The program will feature nationally renowned franchise attorney Robert…

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Lawsuit Effort to Expand “Joint-Employer”

We’re all following the NLRB push to include franchisors as “joint employers” so as to ease unionizing efforts, but now comes a new fight to expand that definition.  Last week, 10 former employees of a Virginia McDonald’s restaurant filed a civil rights suit alleging racial harassment and discrimination against the franchisee, but the lawsuit also…

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Massachusetts Senate Rejects Tip Pooling Amendment

Last week the Massachusetts Senate a jobs bills that aims to promote economic development.  In total, Senators filed 126 amendments to modify Senate Bill 2350. One such amendment offered by Senator Rodrigues and Senator Tarr would bring clarity to the Massachusetts tip pooling law. Amendment #76 that we offered would replace Massachusetts’ vague tip pooling…

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