News & Analysis as of

Fast-Food Industry Franchises

Lowndes

New NLRB Rule Spells McTrouble for Some Employers

Lowndes on

The National Labor Relations Board (NLRB) has published a final rule regarding the Standard for Determining Joint-Employer Status under the National Labor Relations Act (NLRA). This significant development clarifies how two...more

Fox Rothschild LLP

California Repeals FAST Act, Approves New Fast-Food Industry Regulations

Fox Rothschild LLP on

California voters will no longer decide the fate of the controversial Fast Food Accountability and Standards Recovery Act (FAST Act), which was expected to significantly affect fast-food restaurants in the state, including...more

Lathrop GPM

Kentucky Federal Court Questions Proposed $5 Million Settlement in Anti-poaching Class Action

Lathrop GPM on

Refusing to rubber-stamp a proposed $5 million anti-poaching class action settlement, a federal court in Kentucky has directed the plaintiff to provide additional information to allow proper consideration of the factors...more

Proskauer - California Employment Law

Industry and Labor Serve Up $20 Minimum Wage Deal For Fast Food Workers

A two-year standoff between the fast food industry and labor unions ended this week as stakeholders announced a deal that will increase the minimum wage to $20 for California workers at fast food chains with more than 60...more

Buchalter

The Slow Down Of The FAST Act: Monumental Deal Reached Which Could End Joint Employer Liability And Other Threats To The Franchise...

Buchalter on

On September 11, 2023, an unprecedented deal was announced by labor groups and the fast food industry which would give California workers a $20 minimum wage and repeal The Fast Food Accountability and Standards Recovery Act...more

Quarles & Brady LLP

Seventh Circuit Rejects Dismissal of Franchisee No-Poach Clause Challenge

Quarles & Brady LLP on

In Deslandes v. McDonald’s USA LLC, issued August 25, 2023, the U.S. Court of Appeals for the Seventh Circuit overturned the dismissal of antitrust claims that challenged no-poach clauses in franchise agreements....more

Littler

Hot Take(out): California Fast Food Franchises Could Face Increased Liability

Littler on

It’s been a busy spring at the California state capitol.  Among the few thousand bills being considered by California’s legislature this year, AB 1228 stands out.  The bill would essentially create joint liability for...more

Fox Rothschild LLP

FAST Act Shrapnel: AB 1228 redefines the franchise relationship

Fox Rothschild LLP on

The FAST Act is in limbo pending the outcome of a California ballot repeal initiative. Undaunted, the Legislature has excised key provisions of that Act and positioned them for separate enactment as AB 1228, introduced by...more

ArentFox Schiff

California Bill Would Make Fast-Food Franchisors Liable for Franchisees' Violation of Wage Law

ArentFox Schiff on

California Assembly Bill 1228 (A.B.1228), otherwise known as the Fast-Food Franchisor Responsibility Act, was introduced on February 16, 2023. If passed into law, fast food restaurant franchisors and franchisees will share...more

Buchalter

Staying in the FAST Lane: An Overview of New 2023 Employment Laws for California Franchisors and Franchisees

Buchalter on

Each New Year in California comes with several new laws that impact the workplace, including those in the franchising industry. With each year that passes, the California Legislature reminds us that their intent is to provide...more

Jackson Lewis P.C.

Preliminary Injunction GRANTED Against AB 257 Enforcement & Implementation

Jackson Lewis P.C. on

While the Secretary of State continued to count signatures to determine if a potential referendum challenging the FAST Recovery Act (AB 257) will make it on the ballot, the Sacramento Superior Court has issued a preliminary...more

Fox Rothschild LLP

(Updated) Not So FAST: FAST Recovery Act on Pause until 2024 Referendum

Fox Rothschild LLP on

On Labor Day, California Gov. Gavin Newsom signed the Fast Food Accountability and Standards Recovery Act (FAST Recovery Act), which authorized the California Department of Industrial Relations to create a Fast Food Council...more

Jackson Lewis P.C.

Temporary Restraining Order Against the FAST Recovery Act

Jackson Lewis P.C. on

While the Secretary of State continued to count signatures to determine if a potential referendum on the FAST Recovery Act (the Act) will make it on the ballot, a lawsuit was filed by a coalition of California small business...more

Fox Rothschild LLP

Not So FAST: FAST Recovery Act on Pause until 2024 Referendum - Updated

Fox Rothschild LLP on

On Labor Day, California Gov. Gavin Newsom signed the Fast Food Accountability and Standards Recovery Act (FAST Recovery Act), which authorized the California Department of Industrial Relations to create a Fast Food Council...more

Fox Rothschild LLP

California’s Tectonic Plates Shift — Part III

Fox Rothschild LLP on

And so we come to the ultimate affront to franchising. Responding to strong lobbying efforts by the Service Employees International Union (SIEU), the California legislature passed the Fast Food Accountability and Standards...more

Bilzin Sumberg

Eleventh Circuit Revives Putative Class Action Against Burger King for Violation of Federal Antitrust Laws Based on No-Poaching...

Bilzin Sumberg on

Arrington v. Burger King Worldwide, Inc., No. 20-13561 (11th Cir. Aug. 31, 2022) – In October 2018, a former line cook of a Burger King franchise restaurant in Illinois, filed a class action complaint in the District Court...more

Jackson Lewis P.C.

Wrap Up of California’s 2022 Legislative Session – What Employers Need to Know

Jackson Lewis P.C. on

California’s 2022 legislative session ended with numerous bills affecting employers and employment practices and procedures in the Golden State. Governor Gavin Newsom signed more than 30 of those bills into law, including...more

Fox Rothschild LLP

Think FAST: California Enacts Fast Food Accountability and Standards Recovery Act

Fox Rothschild LLP on

On Labor Day, with support from prominent unions, California Gov. Gavin Newsom signed the Fast Food Accountability and Standards Recovery Act (FAST Recovery Act), which will significantly affect fast-food restaurants in the...more

Ervin Cohen & Jessup LLP

California’s FAST Recovery Act: A Game-Changer

On September 5, 2022, Governor Gavin Newsom signed Assembly Bill 257, a controversial and far-reaching law that will have a major impact on California fast food employers and is likely to shape the way the state regulates...more

BakerHostetler

FAST Recovery Act Establishes Council to Dictate Sectorwide Minimum Standards on Wages, Hours and Other Working Conditions

BakerHostetler on

​​​​​​​A new California law, the Fast Food Accountability and Standards Recovery Act (FAST Recovery Act or AB 257), creates the Fast Food Council, which is charged with dictating minimum standards for employees of fast-food...more

Jackson Lewis P.C.

FAST Recovery Act Signed by California’s Governor

Jackson Lewis P.C. on

On September 5, 2022, California passed Assembly Bill (AB) 257, titled the Fast Food Accountability and Standards Recovery Act, or the “FAST Recovery Act.” AB 257 establishes a Fast Food Council comprised of fast food...more

Latham & Watkins LLP

California Adopts the FAST Recovery Act: What Fast-Food Chains Need to Know

Latham & Watkins LLP on

The Act has the potential to significantly increase wages for restaurant employees and to impose work scheduling limitations on restaurant companies. Key Points: ..Restaurant companies that are part of a chain with...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Bill Aimed at Providing Increased Rights to Fast-Food Workers Sent to Governor for Signature

​​​​​​​On August 29, 2022, the California Legislature passed a heavily amended version of Assembly Bill (AB) No. 257, the Fast Food Accountability and Standards Recovery Act (FAST Recovery Act), which would provide increased...more

Perkins Coie

Antitrust Challenge to McDonald’s No-Poach Restriction Evaluated Under the Rule of Reason

Perkins Coie on

A federal judge in the U.S. District Court for the Northern District of Illinois has held that an antitrust challenge to a “hiring restriction [that] prevented” plaintiff employees “from taking a better-paying position with a...more

King & Spalding

California's 2022 Proposed Labor and Employment Laws - Pending Legislation that Employers Should Monitor

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California employers, both new and old, should take note of pending bills that could further expand companies’ legal responsibilities under California’s extensive and unique labor and employment laws. Below is a sampling of...more

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