A recent court case issued by a federal district court in Vermont (Provencher v. Bimbo Bakeries U.S.) emphasizes the distinction between independent contractors and employees under the Vermont
Continue Reading Cautionary Tale: Bakery Products Distributors Plausibly Deemed Employees Under Vermont Employment Practices ActCALIFORNIA’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 IIIs Brand Control the Same as Employment?
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
Continue Reading Is Brand Control the Same as Employment?
DOL Issues Guidance on Worker Misclassification
The Wage and Hour Division of the Department of Labor has issued the much-anticipated Administrator’s Interpretation on Misclassification.
As the guidance makes clear, employers misclassifying employees as independent contractors
Continue Reading DOL Issues Guidance on Worker Misclassification
The Massachusetts Legislature Responds to Awuah v. Coverall
Contributed by Tom Kent
In Massachusetts and elsewhere, the debate continues with respect to whether a franchisee is properly classified as an employee or an independent contractor. Last year
Continue Reading The Massachusetts Legislature Responds to Awuah v. Coverall