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|When Is A Union Not A Union? When It's a "Worker Center.”|
Steven M. Bernstein; Fisher & Phillips LLP;
December 6, 2013, previously published on December 3, 2013In recent weeks, the fast-food industry has fallen prey to coordinated demonstrations by a number of loosely affiliated groups, rallying around wages, benefits and other conditions. The strategy invoked by these so-called "worker centers" (or "alt-unions") is not altogether new,...
|Deep-Fried Discrimination Claim: Lisa T. Jackson v. Paula Deen, et al.|
Craig A. Cowart; Fisher & Phillips LLP;
December 6, 2013, previously published on December 3, 2013The whole country watched as celebrity chef Paula Deen was roasted over the lawsuit filed by a former general manager of a Deen-affiliated restaurant. Now that the media storm is starting to fade, what lessons can employers and human resources professionals learn from what happened? Keep reading...
|What's On Tap? A Look at Michigan's New Craft Beer Regulations|
Alexander M. Leonowicz; Howard & Howard Attorneys PLLC;
November 28, 2013, previously published on November 15, 2013While the Michigan craft beer industry continues to BOOM, state lawmakers are continuing to brew over several new regulations that would loosen the proverbial belt buckle and allow for future growth in the industry. Michigan ranked fifth in the nation in the number of breweries in 2012, and the...
|Hotels, Motels Still Drawing USDOL Attention (Updated 11 21 13)|
John E. Thompson; Fisher & Phillips LLP;
November 25, 2013, previously published on November 20, 2013One of the U.S. Labor Department's continuing federal Fair Labor Standards Act enforcement initiatives targets hotels and motels. Officials are following-through on their 2010 warning that they see the hospitality industry as presenting a "high risk" for non-compliance.
|NJ Appellate Division Upholds Beachfront Property Owners Right to Compensation in Pre-Sandy Breach of Easement Agreement Suits|
John J. Reilly; Greenbaum, Rowe, Smith & Davis LLP;
November 12, 2013, previously published on November 2013The New Jersey Appellate Division issued a published decision on October 28, 2013 in Petrozzi v. City of Ocean City, a consolidated appeal involving pre-Superstorm Sandy circumstances in which beachfront property owners claimed damages for breach of dune easement agreements and inverse condemnation...
|The Supreme Court Decision Confirming that Arbitration Agreements with Class Action Waivers are Enforceable|
Kathleen Hopkins Alsina, Jane R. Goldsmith; Phelps Dunbar LLP;
November 8, 2013, previously published on November 2013In American Express Co. v. Italian Colors Restaurant, No. 12-133 (U.S. June 20, 2013), merchants filed a class action suit against American Express under the antitrust laws. The American Express motion to compel arbitration was granted and the underlying claims were dismissed. The plaintiff...
|Clean-Up in Aisle 9: Ninth Circuit Finds Ralphs Grocery Company’s Arbitration Policy Unconscionable Under State Law Not Preempted by the Federal Arbitration Act|
Theodore T. Eidukas; Foley & Lardner LLP;
November 7, 2013, previously published on November 4, 2013As we have reported on several occasions, a string of United States Supreme Court cases over the past few years has strengthened the use and applicability of arbitration provisions in contracts. For example, in AT&T Mobility LLC v. Concepcion, the Supreme Court held that a rule making class waivers...
|The Bellagio Gambles on “Use” Under Canadian Trade-mark Law and Loses|
Paul W. Donovan; Perley-Robertson, Hill & McDougall LLP/s.r.l.;
October 31, 2013, previously published on October 28, 2013An administrative decision of the Trade-marks Opposition Board confirms that a trade-mark owner will not be able to prove use of a trade-mark in association with services unless the owner performs or is prepared to perform those services in Canada.
|California Supreme Court Follows Concepcion But Allows Courts to Strike Down Unconscionable Arbitration Agreements|
Robert R. Roginson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
October 29, 2013, previously published on October 25, 2013 Sonic-Calabasas A, Inc. v. Moreno, No. S174475, (October 17, 2013): As expected following the recent decision by the Supreme Court of the United States interpreting the Federal Arbitration Act (FAA), the California Supreme Court struck down its own rule on arbitration agreements. In Sonic-Calabasas...
|Alberta Liquor Licensees and Suppliers Beware|
Roland Hung, Kara L. Smyth; McCarthy Tétrault LLP;
October 29, 2013, previously published on October 25, 2013The Alberta Gaming and Liquor Commission (“AGLC”) has recently increased enforcement to ensure that Liquor Agents, Liquor Suppliers and Liquor Licensees are complying with provisions respecting inducements. The industry should be aware that years of adopted practices and interpretations...