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Franchise Elections & Politics

Read need-to-know updates, commentary, and analysis on Franchise issues written by leading professionals.

House Hearing Explores Legislative Remedy to Joint Employer Confusion

by Littler on

On July 12, 2017, the U.S. House Committee on Education and the Workforce held a hearing concerning the need for legislation to redefine the joint employer standard. As many employers are aware, the interpretation of when...more

Under the Dome: Inside the Maine State House

by Pierce Atwood LLP on

State Budget Down to the Wire - At publication time on this last day of June 2017, the Maine Legislature had yet to enact a budget for the biennium that starts at midnight tonight. Last week, the Legislature was presented...more

Will Minimum Wage Hikes Kill Restaurant Jobs?

by Lewitt Hackman on

In 1981 “Video Killed the Radio Star” was the first music video MTV broadcast in the United States. The song was actually written a couple of years earlier, appeared on an album entitled The Age of Plastic by the Buggles, and...more

Proposed Changes to Ontario Employment and Labour Laws

by Dickinson Wright on

On May 23, 2017, the Government of Ontario’s Special Advisors released their Final Report from the Changing Workplaces Review (the Final Report) which outlines 173 recommendations to amend the Employment Standards Act...more

Department of Labor withdraws joint employer guidance

by McAfee & Taft on

A joint employer relationship can arise in circumstances where an individual performs work for two entities that share control over how that individual performs his/her work. Although joint employment relationships are most...more

Executive Order and Legislation on Apprenticeship Aim to Give Employers More Flexibility

by Littler on

The day after Senators introduced bipartisan legislation to promote apprenticeships, President Trump signed an executive order to achieve the same end. On June 15, the president signed an executive order (EO): Expanding...more

NYC Enacts "Fair Work Week" Laws for Retail and Fast Food Employees

by FordHarrison on

New York City’s new package of “Fair Work Week” laws, which go into effect on November 27, 2017, will create new and burdensome scheduling and record-keeping requirements for retailers and fast food establishments, including...more

May 2017 Independent Contractor Misclassification and Compliance News Update

by Pepper Hamilton LLP on

This update of May 2017 developments in the area of independent contractor misclassification and compliance highlights three key legislative developments: the enactment of two new laws (one in New York City and the other in...more

The U.S. Department of Labor Withdraws Obama-Era Guidance Regarding Independent Contractor versus Employee Classification

by Hirschfeld Kraemer LLP on

As we previously blogged here and here, the Obama Administration, through the U.S. Department of Labor (“DOL”) as well as the National Labor Relations Board (“NLRB”), made it clear early and often that it was going to take an...more

Shifty Business: NYC Restricts Shift Scheduling for Retailers and Fast Food Chains

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Five new laws in New York City will impose strict limits on shift scheduling for fast food and retail industry employees. The laws will be effective 180 days after their signing, on November 26, 2017....more

New York City Enacts Laws Limiting Employers' Flexibility To Staff Employees

by Littler on

On May 24, 2017, the New York City Council passed five bills – collectively called the “Fair Workplace” legislative package – four of which significantly restrict the ability of fast food and retail employers to schedule...more

New Arizona Law Releases Chokehold on Franchise Employment Status Dilemma

by Dickinson Wright on

On March 21, 2017, Arizona Governor Doug Ducey signed into law House Bill 2322 which is Arizona’s response to the legal controversy plaguing many franchisors relative to imputed joint employment. The law holds that no...more

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

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