News & Analysis as of

Fair Labor Standards Act (FLSA) Franchise Agreements

DirectEmployers Association

OFCCP Week In Review: March 2023 # 3

Friday, March 10, 2023: FTC Jumped into the “Joint-Employer” Fray and Also Broadened Its Attack on Non-Competition Agreements to Franchise Agreements - If you did not think things were bad enough already between private...more

BakerHostetler

Continued Antitrust Focus on the Labor Market in the Wake of NCAA v. Alston

BakerHostetler on

Almost one year has passed since the Supreme Court’s unanimous antitrust decision in NCAA v. Alston. That well-publicized decision affirmed the District Court’s rejection of the NCAA’s limits on education-related compensation...more

Sheppard Mullin Richter & Hampton LLP

Aiming for Clarity, DOL Proposes to Update the FLSA’s “Joint Employer” Regulations

Hoping to clarify when entities should be treated as “joint employers” under the FLSA, the Department of Labor (“DOL”) recently announced its intent to revise its so-called “joint employer” regulations under the Fair Labor...more

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

NLRB Decision Shines Spotlight on “Entrepreneurial Opportunity,” Returns to Prior Independent Contractor Analysis

On January 25, 2019, the National Labor Relations Board issued a decision friendly to businesses—particularly those operating in the gig economy—in SuperShuttle DFW, Inc., 367 NLRB No. 75 (2019). The Board’s decision marks a...more

McAfee & Taft

Employers must still use caution when using independent contractors

McAfee & Taft on

A new opinion from the Tenth Circuit Court of Appeals, Acosta v. Jani-King of Oklahoma, Inc., is a reminder that there are still significant risks when classifying workers and independent contractors....more

Seyfarth Shaw LLP

Oh Thank Heaven, Franchisees Not Employees of 7-Eleven!

Seyfarth Shaw LLP on

Seyfarth Synopsis: Earlier this month, a California federal court dismissed the misclassification claims of 7-Eleven franchisees on the pleadings, finding they did not and could not plead facts sufficient to show that they...more

Troutman Pepper

Franchisor's Racial Animus Is Irrelevant in Determining Legality of Franchise Termination Under NJ Franchise Practices Act

Troutman Pepper on

In a recent win for franchisor 7-Eleven, Inc., the U.S. Court of Appeals for the Third Circuit upheld a New Jersey district court’s ruling that 7-Eleven properly terminated its franchise agreements for cause based on the...more

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