Labor & Employment Law, Franchise Law

Franchising Newsletter – April 2013

by Kathy Dalton, Murray Deakin, Sam Jackson, J. Michael Keyes, Michaela Moloney, Sylvia Ng, Chris Nikou, Anna Trist | K&L Gates LLP on 5/2/2013

Overview - There have been several franchising developments since our last update in February. This edition discusses: - minimising the risks when marketing through social media - comments from...more

Franchise Review - April 2013: Frequently Asked Questions

by Osler, Hoskin & Harcourt LLP on 4/15/2013

Are there risks for a franchisor that is involved in a franchisee’s employment practices? Yes. A franchisor’s involvement in a franchisee’s employment practices could result in the franchisee being considered an...more

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

Class Actions in Canada 2012 - The Year in Review and The Year Ahead

by Deborah Glendinning, Christopher Naudie, Éric Préfontaine | Osler, Hoskin & Harcourt LLP on 1/30/2013

In This Issue: Introduction; Class Action Practice Developments; Common Issues Trials; Class Actions in Quebec; Securities Class Actions; Competition Class Actions; Product Liability Class Actions; Franchise Class...more

Carrols Corp. To Pay $2.5 Million to Settle EEOC Sexual Harassment and Retaliation Lawsuit

by U.S. Equal Employment Opportunity Commission... on 1/11/2013

89 Women To Benefit From Settlement With World's Largest Burger King Franchisee - NEW YORK - Carrols Corporation, the world's largest Burger King franchisee, will pay $2.5 million and take significant remedial steps to...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

Ouch! State Actions Against Advisers Doubled in 2011

by Bettina Eckerle on 12/22/2012

The number of enforcement actions involving investment adviser firms nearly doubled to 399 in 2011, according to a recent report by the North American Securities Administrators Association (NASAA). In total, actions against...more

Top Tips For Dealing With Senior Investors

by Bettina Eckerle on 12/22/2012

Federal and state regulators have made protecting senior investors one of their top priorities. In fact, the North American Securities Administrators Association recently reported that financial abuse of seniors was...more

Could Your Stellar Returns Trigger an SEC “Aberrational Performance Inquiry”?

by Bettina Eckerle on 12/22/2012

The SEC first mentioned its “Aberrational Performance Inquiry” initiative back in 2011. Under the initiative, the SEC uses proprietary risk analytics to evaluate hedge fund returns. Performance that appears inconsistent with...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

Legal Byte: Withdrawing from corporate representation? Can you?

by Alan Goldberg on 12/5/2012

Legal Byte: Withdrawing from corporate representation? Can you?...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

CDFI Loans For Small Business

by Peter Bauman - Senior Associate at Tharpe &... on 10/29/2012

Small business often finds it difficult to borrow money for operations and growth from commercial banks or other traditional sources of financing. This is especially true in economically distressed communities. Government...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

Focused on Franchise Law - July 2012

by Barry Kurtz on 7/31/2012

In This Issue: - Barry Kurtz Honored As Trusted Advisor - Franchisor 101: The Court Delivers A Lesson To Franchisors - Franchisee 101: Does the Franchisor Have A Duty To Protect and Enchance Its Brand? ...more

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Labor & Employment Law › Franchise Law

Franchising Newsletter – April 2013

Franchise Review - April 2013: Frequently Asked Questions

Franchising in Quebec - April 2013

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

Virginia Non-Competition Law After Home Paramount

Class Actions in Canada 2012 - The Year in Review and The Year Ahead

Carrols Corp. To Pay $2.5 Million to Settle EEOC Sexual Harassment and Retaliation Lawsuit

Business Judgment Rule & Employment Discrimination Veronese v. Lucasfilm

Increase In Wage and Hour Lawsuits

Ouch! State Actions Against Advisers Doubled in 2011

Top Tips For Dealing With Senior Investors

Could Your Stellar Returns Trigger an SEC “Aberrational Performance Inquiry”?

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

Wage Rounding Policies for California Employers

NYC Fast Food Workers Strike for a Union and Higher Wages

Legal Byte: Withdrawing from corporate representation? Can you?

Employer Access To Employee Social Media Limited In Proposed California Law

California Employment Bill Recap

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

Wage and Hour Violations

Corporate Sustainability and Social Entrepreneurship: Part Four

CDFI Loans For Small Business

Successful “Firing” Depends on Successful Hiring

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

Focused on Franchise Law - July 2012

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