Over the last 8 years or so, the ever-changing landscape of employment laws has arguably posed an existential threat to franchising. The franchise business model may not make sense if
Continue Reading Franchising on the Precipice: Unknowns in Transition
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
As if COVID, wildfires, and heat weren’t enough, California franchisors and franchisees suffered another gut punch when the legislature rejected a proposed franchise exemption to AB-5.
When AB-5 was enacted
Continue Reading No Joy for Franchising in CA: AB-5 Exemption Rejected
My vote is YES! In fact, I think they are essential! I thus respectfully disagree with my partner and colleague John Gotaskie.
John appropriately focuses on three stakeholders in
Continue Reading Are COVID Immunity Laws Good for Franchising? (Part 2: The Counterpoint)
This is like watching sausage being made – it isn’t pretty. The House passed its $3 Trillion COVID rescue package (the HEROES Act) about a month ago. But the
Continue Reading HEROES + HEALS = ?????: COVID Relief 3.0 is a Mystery
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
Amidst the continuing pandemic, summer brings faint hope that someday things might return to business as usual. For the franchise industry, recent events offer a hint of normality. In Part
Continue Reading A Summer Potpourri (Part 1): Congress Legislates and the Fed Weighs In
The Department of Justice backed off no-poach challenges in franchise agreements in 2019, but the state doubled down. The result? Washington state challenged a raft of no-poach/no-hire provisions in 225
Continue Reading Washington v. Washington: State of No-Poach
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
Continue Reading THE BALLAD OF THE HARE AND THE TORTOISE: FASB delays ASC 606
Yesterday, legislation adding an additional $310 Billion to the Payroll Protection Program (PPP) and $50 Billion to the Economic Injury Disaster Loan (EIDL) funds passed the Senate, and passage in
Continue Reading ACT NOW!!! New PPP and EIDL funds will disappear FAST