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OpenMarket: November 2014

  • Joint Employer Action Anxiously Anticipated

    November 3, 2014

    On July 29, 2014, the National Labor Relations Board’s Office of the General Counsel set the labor and employment world on fire by authorized complaints against McDonald’s, determining that the franchisor McDonald’s is a joint employer with McDonald’s franchisees and thus liable for the actions of the franchisees.

    Were franchisors typically held liable for the actions of their franchisees, as the NLRB General Counsel has proposed in an amicus brief, the franchise system as we know it would implode.

    With October now past, it has been over three months. Yet, despite the General Counsel’s determination, no formal complaint has been filed by the full National Labor Relations Board (NLRB) against franchisor McDonald’s as a joint employer.

    This lack of action from the Board comes as something of a surprise, given the time and high-profile attention paid to the...

  • CEI’s Battered Business Bureau: The Week in Regulation

    November 3, 2014

    In the final week before the midterm election, agencies published new regulations ranging from dairy profits to Japanese oranges. Fittingly, the total number of new regulations on the year also passed the 3,000 mark on Hallow’s Eve.

    On to the data:

    • Last week, 60 new final regulations were published in the Federal Register. There were 74 new final rules the previous week.
    • That’s the equivalent of a new regulation every two hours and 48 minutes.
    • So far in 2014, 3,004 final regulations have been published in the Federal Register. At that pace, there will be a total of 3,573 new regulations this year.
    • Last week, 1,329 new pages were added to the Federal Register.
    • Currently at 63,779 pages, the 2014 Federal Register is on pace for 77,143 pages. This would be the 6th-largest page...
  • ObamaCare Failing to Make Insurance Affordable for Many Americans

    November 3, 2014

    The two most important Courts in the land are about to dive into the language and purpose of the Affordable Care Act (ACA), the “Obamacare” law. At issue is whether, under the specific wording of the ACA, the federal government may legally offer subsidies to residents of states that opted out of setting up their own health insurance exchanges. One of the Obama Administration’s central arguments is that the ACA has a single stated purpose—to deliver more affordable health insurance coverage to more Americans who previously couldn’t afford that coverage without support from either their employer or from government—and whether it is achieving that ought to be considered by the courts. As someone who actually works with a wide spectrum of individuals and employers to find affordable insurance, I hereby take up the Administration’s challenge. Here are four ways in which the ACA, as it...


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