On September 11, 2024, the Minnesota Supreme Court issued an opinion holding that the Minnesota Franchise Act (MFA) does not “categorically preclude an out-of-state company from enforcing a claim for unfair practices” under...more
On March 8, 2024, a federal district court in Texas vacated the National Labor Relations Board’s 2023 joint employer rule. The 2023 rule, which was set to take effect on March 11, would have expanded the joint employer test...more
A Message Regarding Racial Inequality: Faegre Drinker is deeply affected by the disturbing and terrible events surrounding the senseless deaths of George Floyd, Breonna Taylor, Ahmaud Arbery and Rayshard Brooks. While these...more
With COVID-19 changing everything we do in our personal and business lives, franchisors are faced with all the same challenges as other businesses, but also several unique twists due to the nature of franchising. Franchising...more
With COVID-19 changing everything we do in our personal and business lives, franchisors are faced with all the same challenges as other businesses, but also several unique twists due to the nature of franchising. Franchising...more
A business is a joint employer of another employer’s employees only if the two employers share or codetermine the employees’ essential terms and conditions of employment, according to a recently unveiled and long-awaited...more
On January 13, 2020, the U.S. Department of Labor (DOL) released its highly anticipated Final Rule regarding joint employer status under the Fair Labor Standards Act (FLSA). The Final Rule was published in the Federal...more
California Gov. Gavin Newsom signed Assembly Bill 5 (AB-5) on September 18, 2019, which adopts the “ABC test” for certain California employment laws. Soon after, on September 24, 2019, the U.S. Court of Appeals for the 9th...more
If you are experiencing whiplash from the National Labor Relations Board’s wild ride of a year, you are not alone. In a surprising turn of events, on February 26, 2018, the NLRB vacated its decision in Hy-Brand Industrial...more
After the National Labor Relations Board (NLRB) changed its joint employer standard in August 2015, two likely avenues to repeal that change emerged: Congress and the courts. In September of that year, congressional...more
On August 27, 2015, a divided (3-2) National Labor Relations Board (NLRB) changed the standard for joint employment under the National Labor Relations Act (NLRA) in its lengthy Browning-Ferris Industries of California, Inc....more
The National Labor Relations Board (NLRB) and Service Employees International Union (SEIU) have been coordinating attacks on the franchise business model. These activities were a primary focus for all attendees at the May...more