Labor & Employment Law, Commercial Law & Contracts, Franchise Law

Franchising in Quebec - April 2013

by Nathalie Beauregard | Osler, Hoskin & Harcourt LLP on 4/10/2013

Bill 14 Amending the Charter of French Language: The Implications for Québec SMEs - On December 5, 2012, the National Assembly of Québec introduced Bill 14, an Act to amend the Charter of the French language, the...more

Fourth Circuit Sends Franchisee To Individual Arbitration, Expands Application Of Concepcion

by Liz Kramer | Leonard, Street and Deinard - Arbitration... on 4/9/2013

The Fourth Circuit issued a bold new arbitration decision last week, sending a putative class of shuttle drivers to arbitration while expanding its application of SCOTUS’ Concepcion decision beyond cases involving federal...more

Virginia Non-Competition Law After Home Paramount

by James V. Irving | Bean, Kinney & Korman, PC on 3/1/2013

The 2011 Virginia Supreme Court decision in Home Paramount Pest Control Companies, Inc. v. Shaffer turned Virginia non-competition law upside down. As I discussed more fully in a prior article, Home Paramount established a...more

Business Judgment Rule & Employment Discrimination Veronese v. Lucasfilm

by Peter Bauman - Senior Associate at Tharpe &... on 12/31/2012

In most situations, an employer in California can terminate an employee for almost any reason, so long as it is not discriminatory, assuming the employee is at-will. In Veronese v. Lucasfilm LTD (12/10/2012) a job...more

Increase In Wage and Hour Lawsuits

by Robert Freedman - Partner at Tharpe & Howell,... on 12/26/2012

According to statistics from various sources, including the Equal Employment Opportunity Commission and the Administrative Office of the U.S. Courts, employment related claims and lawsuits, especially those related to unpaid...more

US Supreme Court Upholds Arbitrators Authority to Decide the Validity of a Non-Compete Clause in an Arbitration Agreement

by Peter Bauman - Senior Associate at Tharpe &... on 12/19/2012

The US Supreme Court recently vacated a decision by the Oklahoma Supreme Court, holding that the national policy favoring arbitration found in the Federal Arbitration Act (“FAA”) and supporting case law, a policy which...more

Wage Rounding Policies for California Employers

by Robert Freedman - Partner at Tharpe & Howell,... on 12/14/2012

If your company rounds employee work time up or down as part of its record keeping and time tracking procedures for calculating hours and pay, a recent California appellate court provided additional support for the general...more

NYC Fast Food Workers Strike for a Union and Higher Wages

by Aaron Kase | Lawyers.com on 12/13/2012

Fast food workers walked off the job last week across New York City in a surprise effort aimed at increasing their paychecks and the creation of an unusual union. Employees at Burger King, Domino’s, McDonald’s, KFC,...more

Employer Access To Employee Social Media Limited In Proposed California Law

by Robert Freedman - Partner at Tharpe & Howell,... on 11/15/2012

A bill currently winding its way through the California Legislature would limit the ability of an employer to request that an employee provide access to the employee’s personal social media accounts. AB 1844 “would...more

California Employment Bill Recap

by Peter Bauman - Senior Associate at Tharpe &... on 11/7/2012

California legislators have been active passing several employment law bills that impact local businesses in recent months. Here’s a recap of some with brief summaries. Legal counsel should be sought for a complete...more

Preventing Unfair Competition In The Absence Of A Non-compete Agreement

by Peter Bauman - Senior Associate at Tharpe &... on 11/6/2012

Not every noncompete agreement is enforceable.California, for one, has a public policy against noncompete agreements, except in limited circumstances, such as the owner of a business agreeing to a noncompete as part of...more

Wage and Hour Violations

by Robert Freedman - Partner at Tharpe & Howell,... on 11/1/2012

It is crucial that employers comply with state and federal wage and hour laws, including minimum wage laws. Failure to do so runs the risk of wage claims and lawsuits from employees, not to mention investigations and...more

Corporate Sustainability and Social Entrepreneurship: Part Four

by Robert Freedman - Partner at Tharpe & Howell,... on 10/31/2012

Fourth in a Series of Articles We began this series of articles by asking tough questions: Do corporations exist solely to maximize shareholder value and profit? Or do corporations also exist to serve a broader...more

Successful “Firing” Depends on Successful Hiring

by Peter Bauman - Senior Associate at Tharpe &... on 9/2/2012

The best defense against a wrongful termination claim is good cause. And a California employer would have difficulty quantifying good cause if performance expectations and measurements are not established in advance, ideally...more

Weekly Law Resume - July 26, 2012: Independent Contractor or Agent? A Franchisor’s Actions Speak Louder Than Words

by Low, Ball & Lynch on 8/13/2012

Taylor Patterson v. Domino’s Pizza, LLC, et al. California Court of Appeal, Second Appellate District (June 27, 2012) This case raises the question: When an agreement between a Franchisor and Franchisee depicts an...more

Even Hooters Has Trade Secrets

by Fisher & Phillips LLP on 10/3/2011

Hooters Sues Competitor For Trade Secret Theft by Former Hooters Executive But Conspicuosly Omits Former Employee From Lawsuit Hooters recently sued a competitor, La Cima Restaurants, alleging widespread...more

Georgia Voters Approve Sweeping Overhaul of the State’s Restrictive Covenant Law

by Sutherland Asbill & Brennan LLP on 11/10/2010

On November 2, 2010, Georgia voters approved an amendment to the Constitution of Georgia authorizing new legislation that dramatically changes the State’s restrictive covenant law. As Georgia business owners are well aware,...more

District of Columbia Tax Amnesty: August 2 – September 30

by Reed Smith on 8/2/2010

On July 29, the District of Columbia's Office of Tax and Revenue("OTR") announced that it will launch a tax amnesty program that will run from August 2 through September 30, 2010. The amnesty program applies to taxes that...more

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Labor & Employment Law › Commercial Law & Contracts › Franchise Law