Recently we discussed the headwinds that remain for the franchise community as a result of policy changes coming from Washington and the various state capitols. What should franchisors consider as
Continue Reading Franchisors: We Offer The Following Prescription for Your Consideration
Franchise Industry Calamity Averted, For Now
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
Continue Reading Franchising Threat No. 2: Joint Employment is BACK!
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
Continue Reading Legal Threats to the Franchise Industry: Is this the Apocalypse? (Part 1)
WHIPLASH! A stunningly fast reversal of labor 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
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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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Unintended Consequences? The Employment Battle Threatens Franchising
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
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