IFA V. SEATTLE

Issue: Employment
Court: U.S. Supreme Court
Lower Court: U.S. Court of Appeals for the Ninth Circuit

Question Presented:
Whether a state or local wage ordinance law that discriminates against certain in-state businesses solely on their ties to interstate commerce discriminates against interstate commerce.

RLC's Position:
The RLC joined a brief with other business associations in support of the International Franchise Association's petition for certiorari seeking the U.S. Supreme Court's review of the 9th Circuit's decision voiding the association's challenge to the application of Seattle's minimum wage law to franchisees. The association charged that the Seattle law discriminates against franchisees in contravention of the dormant Commerce Clause because the only difference between franchisees and other small businesses to which the law applies is the franchisees' association with out of state franchisors. If the Court takes the case, it could be a bellwether for laws targeting "formula retail establishments."

Case Outcome:
The Court denied the petition for certiorari. 

Procedural History:

• Petition for Certiorari filed January 2016
• Petition denied May 2016

Please use the DOWNLOAD button below to access the RLC's Brief.