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,
Continue Reading Franchising Threat No. 3: Other State Legislation and Policies
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
Continue Reading WHIPLASH! A stunningly fast reversal of labor policies
The one-two punch of state and federal employment standards activity poses an existential threat to franchising; many commentators, including this one, have acknowledged that fact. But why? Did the California
Continue Reading Unintended Consequences? The Employment Battle Threatens Franchising
Hot on the heels of disappointing AB-5 news from California, a federal district court in Manhattan delivered a stinging rebuke to the Department of Labor (“DOL”), invalidating the control-based joint
Continue Reading Joint Employment in Chaos: DOL Joint Employment Rule Invalidated
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
Continue Reading A Summer Potpourri (Part 2): States Litigate Joint Employer Rule and NASAA speaks
In my recent post commenting on the Department of Labor’s joint employer rule, I wondered whether the NLRB would follow suit. Now we know, and the answer’s positive. It’s very
Continue Reading Franchising: Batting a Thousand in Spring Training!
The wait is over: This morning the NLRB announced that it will issue its final rule governing joint-employer status tomorrow, February 26, 2020. According to the NLRB itself, the “final
Continue Reading ALERT: NLRB Rule Requires Direct Control for Joint Employer Status
Recently, we lauded the Department of Labor’s return to the control test of joint employment. Perhaps presciently, we 
wondered whether the NLRB would follow the same course.
The latest turn
Continue Reading Meanwhile in the NLRB, the McDonald’s Case Continues
I admit I was among the scores of franchise lawyers whose blood pressure skyrocketed with passage of California’s AB 5. If a Franchise Agreement establishes an independent contractor relationship
Continue Reading Time to Exhale . . . CAUTIOUSLY: Ninth Circuit has good news for franchisors
As noted in our first post on this topic, California’s AB-5 codified the employment test set forth in Dynamex Operations West v. Superior Court of Los Angeles, 4 Cal. 5th
Continue Reading California’s AB-5 Implications (Part 2)