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Lathrop GPM

Nebraska Federal Court Dismisses Franchisees’ Suit Alleging Early-Renewal Rights

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A Nebraska federal court granted franchisor Home Instead, Inc.’s motion to dismiss nineteen Home Instead franchisees’ claims for breach of a 2024 Settlement Agreement. WJM Home Care, LLC v. Home Instead, Inc., 2026 WL 904279...more

UB Greensfelder LLP

NASAA Adopts Model Act Targeting Franchise Broker Regulation

UB Greensfelder LLP on

On May 4, 2026, the North American Securities Administrators Association (NASAA) adopted the Model Franchise Broker Registration Act (the Model Act), a nonbinding framework intended to address regulatory gaps in the oversight...more

Lathrop GPM

North Carolina Superior Court Permits Advertising Fee Misappropriation Claims to Proceed Against Franchisor but Not Guarantors

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In a dispute over alleged misappropriation of systemwide advertising funds, a North Carolina superior court permitted franchisees to proceed with claims against their franchisor but dismissed claims against the franchisor’s...more

Bass, Berry & Sims PLC

Tennessee Joins List of States Rewriting Rules on Non-Compete Agreements: What Employers Need to Know

Restrictive covenant legislation is growing in popularity across the United States. Tennessee, a state long regarded as business-friendly, is among the list of states creating statutory definitions of what is reasonable for...more

Lewitt Hackman

Stronger Franchisee Protections Emerging in 2026 State Laws

Lewitt Hackman on

It appears that franchisors will remain targets of state governments in 2026. Although a franchise system may not call a state with new legislation its home, franchisors and franchisees should stay informed about the...more

Foley & Lardner LLP

A New DOL Joint Employment Rule? What Franchisors Need to Know

Foley & Lardner LLP on

On April 22, 2026, the U.S. Department of Labor’s Wage and Hour Division published a proposed rule to establish a single, nationwide standard for determining joint employer status under the Fair Labor Standards Act (“FLSA”),...more

Tannenbaum Helpern

Virginia’s New Franchise Noncompete Ban: What Franchisors Should Do Now

Tannenbaum Helpern on

Virginia quietly made a big franchise law move this spring. On April 13, 2026, the state’s governor signed House Bill 69 and Senate Bill 240, amending Virginia’s Retail Franchising Act (Va. Code §§ 13.1-557 et seq.)....more

Offit Kurman

Maryland Franchise Reform Act Passes

Offit Kurman on

The Maryland General Assembly has enacted, by overwhelming majorities, the Franchise Reform Act (Senate Bill 415 & House Bill 730), marking the first significant changes to the Maryland Franchise Registration & Disclosure Law...more

Akin Gump Strauss Hauer & Feld LLP

DOL Proposes New Joint Employer Rule, Seeking to Clarify Liability Standards Under Federal Wage and Hour Laws

Since July 2021, when the DOL rescinded its 2020 joint employer rule following a successful legal challenge, there has been no federal rule addressing joint employer status under the FLSA. In its absence, the DOL has been...more

DLA Piper

US Department of Labor proposes rule clarifying joint employer status under federal wage and hour laws

DLA Piper on

On April 22, 2026, the United States Department of Labor’s Wage and Hour Division (Department) announced a Notice of Proposed Rulemaking addressing the determination of joint employer status under the Fair Labor Standards...more

Lewitt Hackman

Franchisee 101: Diversity Precedent

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A federal district court in New York recently dismissed a case for lack of diversity subject matter jurisdiction where the franchisee plaintiff and franchisor defendant were both foreign entities, even though they both...more

Pillsbury Winthrop Shaw Pittman LLP

U.S. Department of Labor Proposes Joint Employer Rule Changes

The DOL has issued a NPRM to clarify and standardize when multiple employers may be deemed “joint employers” under the Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA) and Migrant and Seasonal Agricultural...more

Bodman

DOL Issues Proposed Rule on Joint Employer Liability Under FLSA, FMLA, and MSPA

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On April 22, 2026, the U.S. Department of Labor (DOL) issued a Notice of Proposed Rulemaking to clarify the standard for determining joint employer status under the Fair Labor Standards Act (FLSA), the Family and Medical...more

Lewitt Hackman

Franchisor 101: Claim Preclusion

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The federal district court in North Dakota granted a franchisee’s motion to dismiss a franchisor’s complaint for failure to state a claim and its motion for sanctions, finding the franchisor improperly attempted to relitigate...more

Lewitt Hackman

New Virginia Law Bans Non-Competes in Franchise Agreements

Lewitt Hackman on

On April 13, Gov. Abigail Spanberger signed House Bill 69 and its companion Senate Bill 240 into law. The new legislation takes effect on July 1 and makes two major changes to the Virginia Retail Franchising Act. The Act...more

Keating Muething & Klekamp PLL

DOL Proposes New Joint Employer Rule: What Employers Need to Know

On April 22, 2026, the U.S. Department of Labor (DOL) issued a Notice of Proposed Rulemaking aimed at clarifying when multiple entities may be considered “joint employers” under federal wage and hour laws....more

McDonald Hopkins

The importance of franchise due diligence for buyers

McDonald Hopkins on

When acquiring a business that operates under a franchise agreement, the franchise relationship introduces a third party — the franchisor — whose rights, approvals, and ongoing requirements can fundamentally shape the value...more

Phelps Dunbar

How Companies With Shared Workers Should Prepare for the DOL’s New Joint Employer Rule

Phelps Dunbar on

Employers with interrelated businesses and shared employees may get more clarity on their liability for wage and hour issues through a proposed rule from the U.S. Department of Labor (DOL). Issued April 22, the rule explains...more

Morgan Lewis

DOL Proposes New Rule on Joint Employer Liability

Morgan Lewis on

The US Department of Labor has issued a proposed rule aiming to clarify and standardize the test for joint employer liability under the Fair Labor Standards Act, the Family and Medical Leave Act, and the Migrant and Seasonal...more

Ice Miller

United States Department of Labor’s Proposed Rule on Determining Joint Employer Liability

Ice Miller on

On April 22, 2026, the Wage and Hour Division of the United States Department of Labor (DOL) released a proposed rule titled “Joint Employer Status Under the Fair Labor Standards Act, Family and Medical Leave Act, and Migrant...more

BakerHostetler

DOL Proposes New Joint Employment Test for FLSA and FMLA

BakerHostetler on

Last week, the Department of Labor (DOL) proposed a new test for determining whether joint employment exists under the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA). ...more

Proskauer - Law and the Workplace

There and Back Again: DOL Proposes New Joint Employer Rule

The U.S. Department of Labor (DOL) has reentered the joint-employer arena with a new proposed rule that aims to bring uniformity to a fractured legal landscape. The April 23, 2026 Notice of Proposed Rulemaking would...more

FordHarrison

The Joint Employer Test, Rewritten: What Employers Need to Know

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Executive Summary: On April 22, 2026, the US Department of Labor, through its Wage and Hour Division, issued a Notice of Proposed Rulemaking (NPRM) addressing joint employer status under federal wage and hour and leave laws....more

Farrell Fritz, P.C.

Promise of Equity Falls to Operating Agreement’s Rigid Admission Requirements

Farrell Fritz, P.C. on

Litigation over who is—and who is not—a member of a limited liability company has become a defining feature of LLCs.  The ease with which parties form LLCs, coupled with the informality with which they often operate them, has...more

K&L Gates LLP

US Department of Labor Proposes New Rule on Joint Employer Status

K&L Gates LLP on

On 22 April 2026, the US Department of Labor’s (DOL) Wage and Hour Division announced a proposed rule (Proposed Rule) addressing joint employer status under the Fair Labor Standards Act of 1938 (FLSA), the Family and Medical...more

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