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
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Franchising Threat No. 4: The Deus Ex Machina (A Biden Executive Order)
While the Protect the Right to Organize (PRO) Act was passed by the House of Representatives, it has not been made part of the Biden administration’s infrastructure efforts thus far
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Franchising Threat No. 3: Other State Legislation and Policies
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,
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Franchising Threat No. 2: Joint Employment is BACK!
The second troublesome threat is the joint employment standard. The Obama Adminstration DOL caused angst in the franchise industry in January 2016, when it adopted a joint employment standard that
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Franchising Threat No. 1: The PRO Act
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
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Legal Threats to the Franchise Industry: Is this the Apocalypse? (Part 1)
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
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A COVID Bonus for Trademark Owners: Presumptive Injunctive Relief and Sweeping Away Old Marks
Buried deep in the roughly 5,500 pages of the most recent COVID relief legislation are two unexpected gifts for trademark owners. One of those gifts, the Trademark Modernization Act:
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The Green Phase Rules Have Changed in Pennsylvania
I blogged a while ago about the Green Phase of reopening in Pennsylvania, and how it did not mean “go” but something more nuanced. Something like “proceed with caution”.
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A Summer Potpourri (Part 2): States Litigate Joint Employer Rule and NASAA speaks
In Part 1 of this series, we discussed the recent actions taken by Congress regarding the PPP program as well as the efforts by the Fed. In today’s post, we
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THE BALLAD OF THE HARE AND THE TORTOISE: FASB delays ASC 606
Surprise! On April 8th, FASB delayed for one year the implementation of the new ASC 606 revenue recognition standards for private companies,[1] citing the coronavirus pandemic. In
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