Understanding the Different Mandates Between Legal and Compliance February 3 2015
Cullen & Dykman Sees Colleges Calling for Title IX Help v
Uncovering the “Why” in FCPA Compliance Issues
Compliance Training for Employees: Trends in GRC
AB1825 Training and Anti-Harassment and Discrimination Training
Corcoran: Infighting on Compensation Costs BigLaw Time and Money
Polsinelli Podcasts - Safely Navigating the ADA, FMLA & Worker's Compensation Laws
Has the Affordable Care Act influenced COBRA? What if my employer fails to offer COBRA?
“You Want More Time Off?” – Dealing with Employees’ Medical Leave Requests Under the FMLA and ADA
Private Equity Fees and Expenses
Planning For The Exit – What’s Your Exit Strategy?
How Did The NFL Get This So Wrong?
Polsinelli Podcasts - Can Your Employee Wear That to Work? EEOC Updated Guidelines
How to Avoid Corruption Risks in China
Polsinelli Podcasts - The Virtual World and Wage and Hour Issues
Dr. John A.C. Cartner Discusses the Implementation of the Maritime Labour Convention on its First Anniversary
How to Monitor, Audit and Improve Your Anti Corruption Compliance Program
Winston & Strawn's Kessler Sees Change and Opportunity in College Athletics
Anti-Corruption Due Diligence Practical Steps to Protect Your Company from Third Party Risks
How Ed O'Bannon Just Disrupted College Athletics
Yesterday, ISS issued long-awaited FAQs regarding its policy with respect to shareholder proposals for proxy access and its position on exclusion of shareholder proposals under Rule 14a-8(i)(9). ...more
In this Issue:
- Court Grants Preliminary Injunction Enforcing Covenant Not To Compete Against Former Franchisee
- Ninth Circuit Affirms Summary Judgment In Franchisor's Favor
- Seventh Circuit Finds No...more
REAL PROPERTY UPDATE -
Restrictive Covenants: restrictive covenant providing that an ostentatious site feature, which “may be offensive to adjacent neighbors is unacceptable” was improperly interpreted by architectural...more
In This Issue:
- VICARIOUS LIABILITY
- As Part Of Recent Actions, National Labor Relations Board Alleges Mcdonald’s Is A “Joint Employer” In Unfair Labor Complaints Filed Against Mcdonald’s Franchisees
Consulting Services Group, LLC, or CSG, was a registered investment adviser whose business included providing consulting services to public pension funds. These consulting services included recommending third-party investment...more
Fast food is very secretive. Colonel Sanders Kentucky Fried Chicken has eleven secret herbs and spices. Bakers have attempted to reverse engineer Mrs. Fields Chocolate Chip Cookie recipe, but it remains a closely held...more
Tremors were felt throughout the franchise community when a recent article in The Huffington Post reported that the Jimmy Johns sandwich franchise is under Congressional scrutiny for its franchisees’ practice of requiring...more
The joint employer standard is changing rapidly, and businesses – among them franchisors and investors – need to be aware of the emerging landscape to protect their brands and their bottom lines.
The most important...more
The submarine sandwich franchise Jimmy John’s has come under fire recently following the publication of a broad non-compete agreement that it has allegedly required rank-and-file employees to sign. The non-competition...more
In This Issue:
- Marriott Fined $600,000 For Wi-Fi Jamming
- Franchisor Liability for Franchisee Employment Decisions: The NLRB’s General Counsel Addresses the Move to Expand the Joint-Employer Standard, and...more
On December 19, 2014, the National Labor Relations Board's (NLRB) Office of General Counsel took another step forward in its effort to erase the line between franchisors and franchisees. In a controversial move, the Office of...more
In July 2014, the National Labor Relations Board (NLRB) took the unexpected step of authorizing complaints against McDonald's USA, LLC and some of its franchisees for the franchisees' responses to employee protests. The Board...more
In Ruiz v. Affinity Logistics Corporation, another recent delivery driver case that arose in California, Affinity Logistics' drivers claimed they were employees and had been misclassified as independent contractors. The trial...more
Think supply chain. Think franchisor. Think private equity.
For all these types of businesses, the rules of the game are changing.
For a host of reasons – among them cost, efficiency, liability and risk...more
The National Labor Relations Board Office of the General Counsel has investigated charges alleging McDonald’s franchisees and their franchisor, McDonald’s, USA, LLC, violated the rights of employees as a result of activities...more
The US National Labor Relations Board, Department of Labor and Equal Employment Opportunity Commission have launched a coordinated prosecutorial assault on businesses that use outsourcing, franchising or sub-contracting. The...more
A West Virginia Court refused to dismiss an action brought under its state workers' compensation law. That law permits an employee to recover greater damages when deliberate intent exists.
An employee of a Hardee's...more
There has been a lot of news lately about risks of franchisors being liable for acts and incidents at franchised locations. The National Labor Relations Board's general counsel recently announced he intends to claim...more
On their face, post-employment non-competition agreements seem like a great idea. What employer wouldn’t want to keep their employees from jumping to a competitor? However, one employer’s experience with broad use of such...more
A recent opinion from the Second Circuit Court of Appeals reaffirms that the Statute of Frauds will not void an oral agreement to pay commissions if the agreement lacks a fixed duration.
In Kroshnyi v. U.S. Pack...more
Many are up in arms following a memorandum issued by the General Counsel of the National Labor Relations Board (NLRB) authorizing employees of a national restaurant chain to argue that the franchisor is jointly responsible...more
A. Introduction -
Over the last few weeks, there has been a great deal of discussion in the legal media regarding the National Labor Relations Board (NLRB or Board) General Counsel’s (GC) argument to the Board, that...more
Indian gaming has exploded in the more than twenty-five years since Congress passed the Indian Gaming Regulatory Act (IGRA). According to the 2014 Casino City’s Indian Gaming Industry Report, Indian tribes received $28.1...more
Counting the Cost of Payroll Cards: Are they Worth it for Employers? Retailers, as well as other employers, have grown to rely on payroll cards to compensate employees who may not have bank accounts. What are the legal risks...more
Virginia’s public policy in favor of freedom of contract is well established. It may be most conspicuously evidenced by the Supreme Court of Virginia’s increasingly narrow construction of post-contract employment restrictions...more
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