Employee Misclassification

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 Act (LMRA), and the Labor Management and Disclosure Act (LMDA). Most pertinent to franchising, the PRO Act would adopt the California ABC standard for determining

In Williams v. Jani-King, counsel for Jani-King has requested the Third Circuit en banc reconsider its decision to allow class certification to franchisees who claim to be employees, rather than independent contractors. Although the Third Circuit did not reach the merits of the case, which claims misclassification of the franchisees as independent contractors, the

Copyright:  / 123RF Stock Photo
Copyright: / 123RF Stock Photo

It is always important from time to time to dust off the old franchise agreement and consider revising as necessary to account for:

  1. new legal decisions, statutory or rule changes or other updates in federal or state guidance;
  2. changes to the franchise system’s operations or