In June of 2022, McDonald’s obtained a judgment on the pleadings, ending antitrust litigation challenging the legality of the no-hire restraints it previously included in its franchise agreements. More than a year later, the...more
10/4/2023
/ Antitrust Litigation ,
Antitrust Provisions ,
Class Action ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Fast-Food Industry ,
Former Employee ,
Franchise Agreements ,
Hiring & Firing ,
Judgment on the Pleadings ,
McDonalds ,
No-Hire/No-Solicitation Agreements ,
No-Poaching ,
Restrictive Covenants ,
Sherman Act ,
Statutory Violations
Over the last 18 months, no-poach provisions in franchise agreements have drawn considerable attention from academics, state attorneys general, politicians, and the class action plaintiffs’ bar.
Originally published in...more
1/8/2019
/ Class Action ,
Competition ,
Employee Solicitation ,
Fast-Food Industry ,
Food Service Workers ,
Franchise Agreements ,
Franchisee ,
Franchises ,
Franchisors ,
Hiring & Firing ,
Jimmy John's ,
McDonalds ,
No-Poaching
The Third Circuit’s decision is a pointed reminder to franchisors, as well as businesses that use independent contractors, that the form of their agreements can either serve their legal interests or harm them in employee...more
9/23/2016
/ Appeals ,
Class Action ,
Class Certification ,
Corporate Counsel ,
Employee Definition ,
Employer Liability Issues ,
FedEx ,
Franchise Agreements ,
Independent Contractors ,
Misclassification ,
Wage and Hour