Following Mayor Bloomberg’s lead, NYC Mayor Bill de Blasio bans Styrofoam take-out trays and coffee cups, along with packing peanuts used in shipping, on the grounds that they can’t be recycled [Eater NYC, city press release, earlier here and here]
The Chamber of Commerce is calling attention to its ten favorites for the year [via Bainbridge, list can be found there]. Eight of the ten may ring a bell with those who have followed our coverage (goblin-toppler, helmet toss, undecillion dollars, man saved from drowning sues rescuers, California ADA serial filer, falls after seeing “Dexter” ad on subway, caught sleeping on camera at Yankees game, claims “Frozen” based on own life story), while two are new to us:
“A Long Island woman says in a lawsuit that her 29-year-old son died in a drunken driving crash because police decided not to arrest him on DWI charges earlier that night…. Restaurant chain Ruby Tuesday’s is also named in the lawsuit, because [the late Peter] Fedden was drinking there before the two crashes, according to [Fedden family lawyer Harry] Thomasson.” [NBC New York, auto-plays]
The National Labor Relations Board has been so hyperactive lately reshaping the law for the benefit of labor unions that it gets a roundup all to itself:
- NLRB announces new right to use employer’s email system for union organizing [Daniel Schwartz]
- Per 2-1 vote, NLRB agrees with ALJ that restaurant can’t fire workers over false posters claiming its food is unsafe [Patrick DePoy and Christopher Johlie, JD Supra; earlier on case, and IWW campaign against MikLin/Jimmy John’s]
- Other recent NLRB insubordination rulings expand frontiers of right to flip off, cuss out one’s boss [Loren Lee Forrest Jr. and Frederick D. Braid, Holland & Knight, WSJ on Hooters case, earlier]
- “Unions win again at NLRB with ‘ambush elections’ rule” [Kent Hoover/Business Journals, Eric Stuart and C. Thomas Davis, Ogletree Deakins, Hirsch/Workplace Prof, earlier]
- “Expanding Joint Employer Status: What Does it Mean for Workers and Job Creators?” [House Education and Labor hearing, September; earlier here, here, etc.] Related, first and second batch of critical amicus letters;
- Confirmation of nominee Lauren McFerran by lame-duck Senate will lock in union-friendly majority for next two years or so [Sean Higgins, Washington Examiner; Richard Rahn, Washington Times]
- “Congress Must Rein In the NLRB” [Ryan Williams, Roll Call]
Ben Edelman has a law degree from Harvard Law School, a teaching position at Harvard Business School, and an economics and business background that has brought him such consulting clients as Microsoft, the NFL, the New York Times. He also seems to think he knows how to make life sheer hell if you’re the owner of a Chinese restaurant in Woburn and Brookline, Mass., that charged him $4 more than your website said because you don’t update your website as often as you ought.
Hilary Sargent at Boston.com has the whole story, including the email trail. (“It strikes me that merely providing a refund to a single customer would be an exceptionally light sanction for the violation that has occurred…. I have already referred this matter to applicable authorities in order to attempt to compel your restaurant to identify all consumers affected and to provide refunds to all of them, or in any event to assure that an appropriate sanction is applied as provided by law.”) Is Prof. Edelman trying to get us to consider him as the new poster guy for Overlawyered?
P.S. Edelman defends himself here. Before the Sichuan affair, the professor was already known for taking an entrepreneurial approach to online complaint [Bloomberg Business Week] “If you think this is bad, you should see his antitrust analysis.” [reader W.R.] And from New York, relevant to a question that may have occurred to some readers: “Can A Business Ban An Attorney Who Has Filed A Lawsuit Against It?” [James Lemonedes, Above the Law]
Another hidden gift inside the Affordable Care Act: mandatory calorie labeling for many restaurant menus. Walter Olson comments on the complications and potential unintended consequences of such a mandate.
My new Cato podcast: the new FDA calorie labeling rules apply to not-so-big chains (20 +) of grocery stores and amusement facilities as well as restaurants, and make it less likely that servers and local managers will manage to vary from rigidly standardized recipes, menu listings and portion sizes based on knowledge of their local customers, temporary availability of attractive ingredients, and so forth. That won’t matter much for food servers who already design their offerings in a lab, but spells trouble for those whose offerings are more localized or unpredictable (earlier). Coverage by Ed Morrissey of what the scheme would mean for a 21-unit pizza chain is linked here.
In January, David Boaz commented on the parallel vending machine calorie label mandate:
In my experience, vending machines shuffle their offerings fairly frequently. If the machine operators have to change the calorie information displayed every time they swap potato chips for corn chips, then $2,200 [per operator per year] seems like a conservative estimate of costs. But then, as Hillary Clinton said when it was suggested that her own health care plan would bankrupt small businesses, “I can’t be responsible for every undercapitalized small business in America.”
More: Baylen Linnekin. And Julie Gunlock recalls her own days working in a supermarket deli. Goodbye, making up prepared salads in single-serving containers from whatever produce happened to be in overstock at the time. Hello, food waste!
- Operator of Jimmy John’s sandwich shops asked low-level employees to sign a noncompete. What would be the point? [Bainbridge, Hyman]
- GOP Congress might take aim at a range of current union and NLRB practices including political dues spending without member opt-out [Sean Higgins, Washington Examiner]
- Reminder: turning union activity into a protected category under the Civil Rights Act is one of the very worst ideas around [George Leef, earlier on Ellison-Lewis proposal here and here]
- Scrutiny of occupational licensure intensifies [Ira Stoll]
- “House Committee Examines EEOC Transparency and Accountability Legislation” [On Labor]
- “The Dawn of ‘Micro-Unions': A Scary Proposition for Employers” [John G. Kruchko, Kevin B. McCoy, Ford Harrison, earlier here, etc.]
- Immigrant status and national origin discrimination: “DOJ Brings Issue of Hiring Documentation to Forefront” [Daniel Schwartz]
Under a potentially far-reaching ruling by a federal judge interpreting California state law, satellite and streaming music services like SiriusXM and Pandora — and maybe bars and restaurants too — could be liable for vast sums for having broadcast pre-1972 recordings without obtaining “public performance” permission under California state law. [Hollywood Reporter’s THR Esq; plus a very informative take from Jesse Walker]
- David Henderson has been blogging excerpts from Dan Okrent’s book on Prohibition, Last Call, including one on the origins of “Raines Law hotels” [Econlog] Also, the “law-abiding” kind of speakeasy; and would polite opinion today, as it did in the 1920s, assail Prohibition enforcement as draconian and intrusive?
- Obstacles to craft brewing [Matthew Mitchell, Christopher Koopman, Mercatus; Michelle Minton/DC Beer]
- Brown U. professor Dwight Heath on why drinking age should be lowered [WJAR]
- Feds go after hobby distillers [Jacob Sullum]
- When a liquor license sells for $425,000, as happened in Boston recently, it’s become virtually a taxi medallion [Ira Stoll]
- Maryland grain alcohol ban tripped up violin restorers, cake pros, craft bitters folk. Gee thanks, Johns Hopkins Bloomberg School of Public Health [WaPo] Much more about the center’s anti-alcohol crusader, David Jernigan [my Free State Notes] Tax dollars have enabled his crusades [Michelle Minton, Baltimore Sun]
- Profile of obscure Treasury Department official who “approves essentially every beer label in the United States” [Tim Mak, Daily Beast; coaster image, Flickr user Roger Wollstadt]
In this Cato podcast (7:01), I talk with Caleb Brown about the National Labor Relations Board’s groundbreaking attempt last week to tag McDonald’s with liability for labor violations found at its independently owned local operators. (Reportage: Steven Greenhouse, NYT; Jon Hyman; Diana Furchtgott-Roth/RCP) It’s a drastic departure from current law that would carry implications for outsourcing more generally: a food company that contracts with independent farmers to grow a particular crop, for example, might wind up being liable for the farmers’ treatment of farm workers, a company that outsources its cafeteria, vehicle maintenance, or janitorial services to outside vendors might become legally responsible for ensuring the labor-law compliance of those contractors, and so forth.
The McDonald’s case is the first of what is expected to be multiple cases filed by the NLRB’s general counsel (akin to a prosecutor), and the full Board has not ruled on the resulting complaints, although given the union-friendly role of the Obama NLRB that is likely to be little more than a formality. The initiative will inevitably land in the courts, which have not always been friendly toward Obama regulatory adventurism, and perhaps eventually the Supreme Court.
One consequence, successful or otherwise, if this ploy works: by treating legally distinct entities that contract with each other as if they were parts of a single vertically integrated enterprise, progressive labor law thinkers will create an incentive for giantism to become more real, by giving fast-food franchisers, for example, legal reason to move toward company-owned rather than independently-owned store arrangements. Not for the first time, the law would mow down the ranks of mid-sized businesses in favor of large or nothing. Commentary from others: Megan McArdle; Stephen Bainbridge; Catherine Fisk, On Labor (supporting the idea); Steve Caldeira, The Hill; Alex Bolt. And a relevant House hearing.