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The Fine Print - Spring 2017

The spring 2017 issue of The Fine Print features articles on supply chain management, hotel franchise agreements, President Trump's executive orders and more. Please see full newsletter below for more information....more

Must A False Statement To A Franchisee Be Made “In this state”?

by Allen Matkins on

The list of instruments and interests included within the definition of a “security” in California Corporations Code Section 25019 is long. A franchise, however, is not to be found amongst the named. In fact, the statute...more

Republican Congressmen Continues Information Demand on OSHA Joint-Employer Standard

by Jackson Lewis P.C. on

Congressional leaders again have pressed the Department of Labor for information on the Occupational Safety and Health Administration’s potential guidance to OSHA investigators on determining if there is a joint-employer...more

FRANCHISOR 101: Recent “Franchisor as Joint Employer” Developments

by Lewitt Hackman on

In the last month, McDonald's settled a class action with employees of a franchisee, and a new President of the United States was elected. These two events have something in common with regard to franchising: they are...more

The Potential Impact Of a Trump Presidency on Employers

by Carlton Fields on

Based on promises made during the campaign, it appears employers may expect changes in the government’s approach to workplace regulation. Although we certainly do not have a crystal ball, President-elect Trump campaigned on a...more

ManattJones Global Strategies - November 2016

CEO’s Executive Summary: October news was dominated by cabinet changes and progress on the 2017 budget. Senator Raul Cervantes replaced Arely Gomez as attorney general, reflecting renewed efforts to stem crime and corruption...more

Brexit: what might it mean for franchising? Top points

by DLA Piper on

The effect of the Brexit vote is not, of course, just about the UK. It affects continental Europe and beyond. Post referendum, the UK is on course to leave the European Union and one of the effects of that will be the need...more

What Does Brexit Mean for Franchisors?

by LeClairRyan on

The coming negotiation over the specifics of the UK’s departure from the EU is an unfortunate necessity that follows from the UK’s unfortunate “leave” vote on June 23, 2016. It is too early to know what the relationship...more

Notice of Rights Enhances Trade Secret Protection

by LeClairRyan on

In order to access the full range of remedies the Defending Trade Secrets Act of 2016 (DTSA) offers, a trade secret owner must notify employees and contractors of certain rights they have under the DTSA....more

The McDonald’s NLRB Case: At The Intersection Of Hot Legal And Political Issues

by Hirschfeld Kraemer LLP on

Despite popular belief, the fate of fast food franchises around the country does not rest in the hands of Lauren Esposito, an unelected administrative judge for the National Labor Relations Board (NLRB). Whatever decision...more

New Tool to Protect Franchisors’ Trade Secrets

by LeClairRyan on

On May 11, 2016, President Obama signed into law the Defending Trade Secrets Act of 2016 (the Act). The Act amends the Economic Espionage Act of 1996 (EEA) to create a federal private right of action for the misappropriation...more

New Georgia Law Says Franchisors Generally Not Employers of Franchisees or Franchisees’ Workers

by Jackson Lewis P.C. on

The “Protecting Georgia Small Businesses Act” amends Georgia’s Labor and Industrial Relations Code to provide that neither a franchisee nor a franchisee’s employee is considered an employee of a franchisor for “any purpose.”...more

Employment Practices Newsletter - April 2016

by Hinshaw & Culbertson LLP on

Is Labor Law Putting the Franchise Business Model at Risk? - Over the course of the last year, we have kept you abreast of National Labor Relations Board (NLRB) case law and Department of Labor (DOL) interpretive/...more

Workplace Policy Institute Insider Report — March 2016

by Littler on

Littler's Workplace Policy Institute® (WPI™) presents the Insider Report, a monthly newsletter detailing key labor, employment, and benefits policy developments at the federal, state, local and global levels. This month's...more

FRANCHISEE 101: California Expands Protections for Franchisees

by Lewitt Hackman on

California Assembly Bill 525, passed into law in 2015 applies to franchise agreements entered into or renewed on or after January 1, 2016. It expands and provides new protections for franchisees. Franchisees subject to...more

California’s Latest Attack on Franchise Industry Goes Into Effect

by Dorsey & Whitney LLP on

A new California law (AB 525, effective January 1, 2016) makes it harder for franchisors to terminate defaulting franchisees, requires franchisors to buyout franchisees in some cases, and adds new burdens for evaluating...more

FAST Forward - A Summary of the Securities Law Provisions of the FAST Act

by Morrison & Foerster LLP on

On December 4, 2015, President Obama signed the Fixing America’s Surface Transportation Act (“FAST Act”), which includes a number of securities law related provisions that had previously been the subject of individual bills...more

Franchises Act soon to become law in British Columbia: key provisions for franchisors

by DLA Piper on

British Columbia’s legislature has completed the third reading of Bill 38-2015, the BC Franchises Act. Its quick movement – the bill was introduced to the legislature on October 5 - is the culmination of work that began...more

Congress Considers Amending NLRA to Require Direct Control for Joint Employer Findings

On September 29, the House subcommittee on Health, Employment, Labor and Pensions held a legislative hearing to consider the Protecting Local Business Opportunity Act, H.R. 3459. This bill, which is mirrored in the Senate,...more

Cuba Si! Trade With Cuba … Not Quite Yet

by Davis Wright Tremaine LLP on

There has been much fanfare surrounding the reestablishment of diplomatic relations with Cuba, starting with President Obama’s announcement of the resumption of bilateral relations, and followed by the formal establishment of...more

Tennessee Takes Shot at NLRB in New Law Limiting Franchisor Liability

Franchisors in Tennessee can breathe a small sigh of relief thanks to a newly enacted state statute that seeks to limit their potential liability and strike back at the general counsel of the National Labor Relations Board....more

California Undesirable for Franchising?

by Dorsey & Whitney LLP on

JUNE 29th STATE SENATE HEARING TO DISCUSS PROPOSED NEW LAW (June 22nd hearing postponed to June 29th. See http://sbp.senate.ca.gov/agenda) - On May 14, 2015, the California state assembly passed AB 525, and on June...more

California Legislative Update

by Littler on

The end of the first week of June is the deadline for California bills to pass out of their house of origin. The following are significant bills affecting private-sector employers in the Golden State that have advanced to...more

NLRB Chairman Pearce and GC Griffin Face Grilling by Senate Appropriations Committee

by Littler on

During a May 14 Senate Appropriations Subcommittee hearing to discuss the National Labor Relations Board's FY 2016 budget, NLRB Chairman Mark Pearce and General Counsel (GC) Richard Griffin indicated the Board has no plans to...more

To Forgive, Divine: Tax Amnesty Program Signed Into Law

by Polsinelli on

On Tuesday, April 27, 2015, Missouri Governor Jay Nixon signed House Bill 384, which creates a Tax Amnesty Program for taxes administered by the Missouri Department of Revenue. This includes state income taxes, franchise...more

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