The FAST Act is in limbo pending the outcome of a California ballot repeal initiative. Undaunted, the Legislature has excised key provisions of that Act and positioned them for separate
Continue Reading FAST Act Shrapnel: AB 1228 redefines the franchise relationship(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 Referendum
Not So FAST: FAST Recovery Act on Pause until 2024 Referendum
Guest Post 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 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 IICALIFORNIA’S TECTONIC PLATES SHIFT — Part I
A San Andreas Fault for Franchising
“California’s falling into the ocean!” Growing up in Southern California I heard that every time we had an earthquake. Usually, though, all I had
Continue Reading CALIFORNIA’S TECTONIC PLATES SHIFT — Part INo 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
Continue Reading No Joy for Franchising in CA: AB-5 Exemption Rejected
Time to Exhale . . . CAUTIOUSLY: Ninth Circuit has good news for franchisors
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
Continue Reading California’s AB-5 Implications (Part 2)
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
Continue Reading California’s AB-5 Implications (Part 1)