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
California’s AB-5 Implications (Part 2)
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
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California’s AB-5 Implications (Part 1)
“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
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Not a Joint-Employer? Franchisors Now Need to Prove the Negative in California
A wage and hour case before the Ninth Circuit Court of Appeals, Vazquez v. Jan-Pro Franchising International, is the latest front in the joint employer battle. In Vazquez,
Continue Reading Not a Joint-Employer? Franchisors Now Need to Prove the Negative in California
Did the D.C. Circuit Overrule or Uphold Browning-Ferris? Yes.
On December 28, 2018, the D.C. Circuit Court of Appeals issued an opinion in the Browning-Ferris case. In this much anticipated decision, the Court of Appeals concluded that the National
Continue Reading Did the D.C. Circuit Overrule or Uphold Browning-Ferris? Yes.
It’s Deja Vu All Over Again at the NLRB
With apologies (and props) to the great Yogi Berra, it’s deja vu all over again at the National Labor
Continue Reading It’s Deja Vu All Over Again at the NLRB
Fox Rothschild Comments on NLRB Proposed Joint Employer Rulemaking
My esteemed colleague Tami McKnew today filed the following comment on the NLRB proposed joint employer rulemaking, 83 FR 46681:
The proposed rule specifically acknowledges the effects of the
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NLRB Proposes Joint-Employer Rulemaking
In a major policy announcement, on Friday, September 14, 2018, the National Labor Relations Board (the “Board”) proposed a new regulation establishing the standard for determining whether two employers, as
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Franchise Community Goes to Washington
I attended the International Franchise Association’s Franchise Action Network (“FAN”) Annual Meeting last week in Washington D. C. Basically, this is an educational event culminating in the participants being sent
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The Franchisor is Liable for Franchisee’s Submission of Fraudulent Tax Statements?!
In Lomeli v. Jackson Hewitt, Inc., the United States District Court in the Central District of California held that the plaintiff, Luis Lomeli (“Lomeli”), had submitted enough evidence to
Continue Reading The Franchisor is Liable for Franchisee’s Submission of Fraudulent Tax Statements?!