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
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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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Franchising on the Precipice: Unknowns in Transition
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
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Joint Employment in Chaos: DOL Joint Employment Rule Invalidated
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
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No Joy for Franchising in CA: AB-5 Exemption Rejected
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
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Are COVID Immunity Laws Good for Franchising? (Part 2: The Counterpoint)
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
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