Recently we discussed the headwinds that remain for the franchise community as a result of policy changes coming from Washington and the various state capitols. What should franchisors consider as they swim in this sea of...more
In recent blogs, we identified serious threats to the franchise industry – the Protect the Right to Organize (“PRO”) Act, joint employer standards, state ABC laws, and the new Biden Administration guard at the Department of...more
The California version of the ABC test is arguably the most hostile to franchising. Nonetheless, the risk is not confined to California.
This is because the ABC employee classification test, with variations, has been...more
Omens of the Apocalypse for the franchise industry are everywhere:
•The pending Protect the Right to Organize (PRO) Act;
•The return of David Weill, author of Fissured Employment and chief architect of the Obama era...more
The PRO Act would do serious, and perhaps mortal, damage to the franchise industry. It would make sweeping changes to the National Labor Relations Act (NLRA), the Labor Management Relations Act (LMRA), and the Labor...more
It was predictable – even inevitable – that the Biden administration would reverse much of Trump’s labor oeuvre. But no one could have predicted how quickly! In a little more than a month, the administration has:...more
2/26/2021
/ ABC Test ,
Biden Administration ,
Business Ownership ,
Contract Terms ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Franchisee ,
Franchises ,
Joint Employers ,
Managers ,
NLRB ,
NLRB General Counsel ,
Safe Harbors ,
Trump Administration ,
Unions ,
Wage and Hour
Change is coming, but will it be a welcome change or a harbinger of woe?
Over the last 8 years or so, the ever-changing landscape of employment laws has arguably posed an existential threat to franchising. The franchise...more
12/9/2020
/ ABC Test ,
Biden Administration ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Franchises ,
Franchisors ,
Joint Employers ,
Justice Scalia ,
Misclassification ,
NLRB ,
Safe Harbors ,
State Attorneys General ,
Trump Administration ,
Wage and Hour
“Some day, California’s going to fall into the ocean” usually refers to the San Andreas fault. Now it may refer to AB-5, and the future of the franchise industry in California.
The California legislature has now passed...more
“Someday, California is going to disappear into the ocean.”
That phrase usually refers to the San Andreas Fault. But for those in the franchise industry, it may now refer to AB-5, a new California law that calls for...more