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Choppy Waters: Pacific Sun Files for Chapter 11 Bankruptcy and What This Could Mean for Retail Landlords

04/13/2016 posted by

Pacific Sun, commonly referred to as “PacSun” by California surfers and 90’s kids, is in financial distress. The trendy skate and surf shop with 600 stores nationwide is just one of many retailers that overestimated consumer demand and expanded too quickly.

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Ninth Circuit Validates USDOL Tip Pool Rules

02/23/2016 posted by

In a surprising decision, on Tuesday, February 23, 2016, the United States Court of Appeals for the Ninth Circuit validated the 2011 Rule by the United States Department of Labor (DOL) prohibiting tip pooling programs that include “back of the house” employees and other workers who are not customarily and regularly tipped (e.g., cooks, dishwashers).

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Noncompete Agreements Becoming Obsolete?

02/04/2016 posted by

The state House of Representatives may soon send noncompete agreements down the way of the dodo bird . . . toward extinction.

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It’s an “Economic Reality”: Your Independent Contractors May Actually Be Employees

08/14/2015 posted by

The federal Department of Labor (“DOL”), the agency charged with enforcing the Fair Labor Standards Act (“FLSA”), recently published an Administrative Interpretation clarifying the test businesses must apply to determine whether workers are properly classified as independent contractors or if they are, in fact, employees.

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Restaurant Owners Take Note: Capital Gains Tax Legislation Proposed for 2016

04/08/2015 posted by

The proposed legislation to impose a new capital gains tax in Washington State (House Bill 2224) should have little or no immediate effect upon a typical restaurant operator. This is because restaurant owners usually recognize ordinary income from their restaurant operations, not “capital gain” as defined in the Internal Revenue Code and in this bill.

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