News & Analysis as of

Franchise Securities

Read need-to-know updates, commentary, and analysis on Franchise issues written by leading professionals.
Freeman Mathis & Gary

Workplace whiplash: NLRB returns to 2020 joint employer rule

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The National Labor Relations Board (“NLRB” or “the Board”) recently announced the readoption of the narrower 2020 joint employer rule (29 C.F.R. § 103.40) for determining joint employer status. Returning to the stricter...more

Sheppard

Joint Employer Whiplash Continues—But the 2020 Rule Is (Officially) Back

Sheppard on

On February 26, 2026, the National Labor Relations Board (the “NLRB” or “Board”) issued a final rule formally restoring the Board’s February 2020 joint-employer regulation under the National Labor Relations Act (“NLRA”). The...more

Foley & Lardner LLP

Connecticut Appellate Court Holds Gas Station Operators Are Not “Retailers” Under the Connecticut Petroleum Franchise Act

Foley & Lardner LLP on

A recent decision from the Connecticut Appellate Court highlights how commission‑based fuel arrangements can limit franchise liability when suppliers retain control over pricing and inventory. In Branford Quick Mart, LLC v....more

Polsinelli

Turning Back Time: The DOL and NLRB Revive Trump-Era Classification Standards

Polsinelli on

Key Takeaways: DOL Moves to Reinstate Business-Friendly Independent Contractor Standard: The Department of Labor has proposed rescinding the 2024 independent contractor rule and returning to a more flexible “economic...more

CDF Labor Law LLP

Joint Employer Whiplash: What California Businesses Need to Know Now

CDF Labor Law LLP on

The National Labor Relation Board’s (“NLRB”) joint-employer standard has swung back and forth for nearly a decade, with the newly-appointed Trump NLRB most recently releasing a final rule reinstating the 2020 joint employer...more

Foley & Lardner LLP

Reclassifying Employees to Independent Contractors Just Became Easier — Or Did It?

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The independent contractor test under the Fair Labor Standards Act (FLSA), which determines whether an individual is classified as an employee or an independent contractor, has started to resemble a ping-pong match — over the...more

Vorys, Sater, Seymour and Pease LLP

NLRB Reinstates The 2020 Joint Employer Final Rule

On February 26, 2026, the National Labor Relations Board (NLRB) published a final rule reinstating its prior 2020 Joint Employer final rule. This formally withdraws the NLRB’s 2023 standard for determining joint employer...more

Lathrop GPM

NLRB & DOL Take Action on Joint Employer and Independent Contractor Tests

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On February 27, the National Labor Relations Board (NLRB) published a final rule formally withdrawing its 2023 joint employer rule and confirming the standard that has been in place under the National Labor Relations Act...more

Lewitt Hackman

Franchisee 101: Topped Off Appeal

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The Connecticut court of appeals held that petroleum retailers were not franchisees, and therefore not entitled to the protections afforded under the Connecticut Petroleum Franchise Act (CPFA)....more

Bodman

NLRB Revises Joint‑Employer Standard

Bodman on

The National Labor Relations Board (“Board”) has taken action to return to a more definite joint‑employer framework tied primarily to the exercise of substantial direct and immediate control. This framework reshapes how...more

Lewitt Hackman

Franchisor 101: Location, Location, Location! Forum Selection Clause Overcomes Jurisdictional Challenges

Lewitt Hackman on

A Louisiana district court held that a franchisee waived its right to remove a dispute with its franchisor from state court to federal court, based on the forum selection clause in the parties’ franchise agreement....more

Littler

NLRB Reinstates 2020 Joint Employer Standard: A Return to Direct Control

Littler on

On February 26, 2026, the National Labor Relations Board formally reinstated its 2020 joint-employer standard. This action officially withdraws a Biden-era 2023 rule and restores a narrower framework for determining when two...more

Mayer Brown

How Contract Drafting Can Trigger Franchise Obligations: Key Risk Areas in Brazil and the United States

Mayer Brown on

IP licensing, distribution and collaboration agreements are widely used to scale business, reach new markets and build commercial ecosystems. While these models provide flexibility, they also carry a regulatory blind spot:...more

Foley & Lardner LLP

Federal Court Denies Manufacturer’s Motion to Dismiss WFDL Claim

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A federal district court in Wisconsin recently denied a manufacturer’s motion to dismiss a dealer’s claims for violations of the Wisconsin Fair Dealership Law. The case offers insights into how the WFDL can apply to their...more

Nelson Mullins Riley & Scarborough LLP

Georgia Supreme Court Examines Constitutional Limits of Direct Sales Ban in Dealer Law Case

On February 17, 2026, the Supreme Court of Georgia issued its decision in Lucid Group USA, Inc. v. State of Georgia, addressing the constitutionality of Georgia’s direct sales ban under the State’s dealer law framework. The...more

Foley Hoag LLP

Annual Report Filing Reminders for DE, MA, NY and CO

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This is a reminder that annual report filings are due in March 2026 for corporations formed or registered in Delaware and Massachusetts. New York biennial statements are due the last day of the calendar month in which a...more

Lathrop GPM

North Carolina Federal Court Grants Liberty Tax Summary Judgment After Finding Franchisee Responsible for Fraudulent Returns

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A federal court in North Carolina granted Liberty Tax Service’s motion for summary judgment and denied the cross-motion of its franchisee, entering judgment for Liberty on claims for breach of franchise agreements and default...more

Lathrop GPM

Wisconsin Federal Court Denies Franchisee’s Motion to Dismiss Declaratory Judgment Suit Concerning Arbitrability

Lathrop GPM on

In a dispute over whether individuals signing a franchise agreement are subject to the franchise agreement’s arbitration provisions, a federal court in Wisconsin denied a motion to dismiss a request for the federal court to...more

Lathrop GPM

Louisiana District Court Grants Franchisor’s Motion to Remand Case to State Court

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In 1 Percent Lists Franchises, LLC v. Sell Smart, LLC, 2026 WL 183512 (E.D. La. Jan. 23, 2026), 1 Percent Lists Franchises, a real estate franchisor brought claims in state court against Sell Smart, a former franchisee, and...more

Lathrop GPM

Florida Federal Court Dismisses TVPRA Beneficiary Liability Claim Against Hotel Franchisor’s Parent Company, Vicarious Liability...

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A federal court in Florida granted in part and denied in part a motion to dismiss brought by the parent company of the franchisor of the Days Inn brand. The complaint alleged violations of the Trafficking Victims Protection...more

Lathrop GPM

Minnesota District Court Grants Motion for Judgment on the Pleadings for Minnesota Franchise Act Claims Based on Broad Release in...

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The Minnesota district court granted a motion for judgment on the pleadings by John Golle, the CEO and an owner of the Urbanize Farms franchise system, and dismissed with prejudice all claims brought by former franchisee Big...more

Lathrop GPM

Connecticut Appellate Court Affirms Commissioned Agents Are Not Retailers Under the Connecticut Petroleum Franchise Act

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The Connecticut Appellate Court held that convenience store operators who dispensed fuel as commissioned agents were not “retailers” under the Connecticut Petroleum Franchise Act (CPFA). Branford Quick Mart, LLC v. Aldin...more

Lathrop GPM

New Jersey Federal Court Grants Franchisor’s Motion for Summary Judgment for Wrongful Termination Claims Under the PMPA

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The U.S. District Court for the District of New Jersey granted a motion for summary judgment in favor of Lehigh Gas, a franchisor of gas stations and convenience stores, finding that it properly terminated seventeen franchise...more

Carlton Fields

Maryland Federal Court Grants Application to Confirm Arbitration Award and Related Motion for Default Judgment

Carlton Fields on

In Choice Hotels International Inc. v. Gresham Hotel LLC, the U.S. District Court for the District of Maryland addressed an application filed by plaintiff Choice Hotels International to confirm an arbitration award against...more

Littler

Policy Week in Review – February 6, 2026

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DOL Announces Minimum Wage Rate Change for Federal Contractors The Department of Labor’s Wage and Hour Division issued a notice setting a new minimum wage rate of $13.65 per hour for workers performing work on or in...more

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