A federal district court recently granted the United States’ Motion for Default Judgment against the quick-service burger restaurant franchise concept, Burgerim Group USA, Inc. and its owner (“Burgerim”). The Federal
Continue Reading Court Grants nearly $49 Million Default Judgment Against Burger Franchisor in First FTC Franchise Lawsuit in over a DecadeLegal Decisions
Federal Court Throws Out NLRB’s Controversial Joint Employer Rule
In a move welcomed by employers nationwide, a federal court judge in Texas has vacated the National Labor Relations Board’s proposed joint employer rule.
… Continue Reading Federal Court Throws Out NLRB’s Controversial Joint Employer RuleCautionary Tale: Bakery Products Distributors Plausibly Deemed Employees Under Vermont Employment Practices Act
A recent court case issued by a federal district court in Vermont (Provencher v. Bimbo Bakeries U.S.) emphasizes the distinction between independent contractors and employees under the Vermont…
Continue Reading Cautionary Tale: Bakery Products Distributors Plausibly Deemed Employees Under Vermont Employment Practices ActWARNING! Replacement Importers May Be “Successor to a Brewer” under New York Law
In a matter of first impression, the Supreme Court of New York held that protections afforded to beer wholesalers under the New York Alcoholic Beverage Control Law (“NY ABC Law”)…
Continue Reading WARNING! Replacement Importers May Be “Successor to a Brewer” under New York LawBe Careful with Your Demands When Converting Existing Licensees to Franchisees!
A recent case decided by the Ohio Court of Appeals reminds new franchisors to tread carefully when converting existing licensees to future franchisees. In the case of Okolish v. Town …
Continue Reading Be Careful with Your Demands When Converting Existing Licensees to Franchisees!Not All Payments Qualify as “Fees” Under State and Federal Definitions of a Franchise
A recent court case (Cognex Corporation v. Air Hydro Power LLC) between a distributor and manufacturer is a reminder to franchise attorneys that not all amounts paid by…
Continue Reading Not All Payments Qualify as “Fees” Under State and Federal Definitions of a FranchiseCourt Concludes that “Good Cause” for Termination Includes More than Items Listed in Statute
On May 11, 2023, the federal district court in Rapid City, South Dakota, concluded that the South Dakota motor vehicle dealer law did not provide an exclusive list of “good…
Continue Reading Court Concludes that “Good Cause” for Termination Includes More than Items Listed in Statute(Updated) Not So FAST: FAST Recovery Act on Pause until 2024 Referendum
Contributed by Gabrielle E. Gordon.
On Labor Day, California Gov. Gavin Newsom signed the Fast Food Accountability and Standards Recovery Act (FAST Recovery Act), which authorized the California Department…
Continue Reading (Updated) Not So FAST: FAST Recovery Act on Pause until 2024 ReferendumCALIFORNIA’S TECTONIC PLATES SHIFT — Part III
The Unkindliest Cut of All – the FAST Act
And so we come to the ultimate affront to franchising. Responding to strong lobbying efforts by the Service Employees International Union…
Continue Reading CALIFORNIA’S TECTONIC PLATES SHIFT — Part IIICALIFORNIA’S TECTONIC PLATES SHIFT — Part II
The Joint Employment Conundrum
Signed into law on September 18, 2019 by Governor Gavin Newsom, Assembly Bill 5 (commonly known as AB-5), took effect on January 1, 2020. AB-5 codified…
Continue Reading CALIFORNIA’S TECTONIC PLATES SHIFT — Part II