Category Archives: Franchisor Operations

Subscribe to Franchisor Operations RSS Feed

Proposed Florida Franchise Bill Dies in Committee

SB 750, the deceptively titled “Protect Florida Small Business Act,” appears to have met its demise.  Although it passed the Senate Committee on Regulated Industries by a vote of 7–2, the bill will be not be scheduled for a hearing by the Senate Judiciary Committee. This marks the end of SB 750’s journey in the … Continue Reading

Proposed Bill Threatens Franchising in Florida

A bill introduced this month in the Florida Legislature threatens to fundamentally shift the balance of franchise relationships in the Sunshine State. SB 750, deceptively titled “Protect Florida Small Business Act,” represents the most expansive, invasive and burdensome franchise relationship law ever proposed in the United States, if not the world. Although it contains numerous … Continue Reading

Good News for Franchisors: Franchisors Not Joint Employers in Wisconsin

On March 2, 2016, Wisconsin Senate Bill 422 was signed into law. This bill clarifies that a franchisor is not the employer of a franchisee’s employees under several areas of Wisconsin law:  unemployment insurance, worker’s compensation, Wisconsin’s wage and hour laws and Wisconsin’s fair employment laws. Employer liability will attach to a franchisor as it … Continue Reading

Franchisors: Take Note of New Joint Employment Guidance

The Department of Labor (“DOL”) has weighed in on the joint employer issue, releasing an Administrator’s Interpretation (“AI”) setting forth the DOL’s position as it relates to joint employment under the Fair Labor Standards Act (“FLSA”) and the Migrant and Seasonal Agricultural Worker Protection Act. The joint employment concept under the FLSA is not new … Continue Reading

The Importance of Growing an International Trademark Portfolio

In today’s global economy, it is increasingly important for companies to strategically develop and maintain an international trademark portfolio.  Effective trademark portfolio management is a key factor in maintaining the rights and value of an company’s intellectual property.  An effective portfolio management strategy includes determining which marks are critical to the company’s business goals, and … Continue Reading

Trademark License Quality Control: Not Too Much, Not Too Little – Just Right

When a trademark or service mark owner grants the right to use its mark to a third party, a license arrangement is typically created. The essential part of that arrangement is that the mark owner exercise quality control over the licensee’s use of the mark, so that the public can reasonably expect some consistent level … Continue Reading

Franchisors Take Note: FTC’S Authority to Regulate Corporate Data Security May Affect You

The Third Circuit Court of Appeals recently upheld the Federal Trade Commission’s power to regulate corporate privacy and data security procedures under the Federal Trade Commission Act. Wyndham Worldwide was hit by three separate hacker attacks in 2008 and 2009, which resulted in the loss of personal and financial data for more than 600,000 consumers. The … Continue Reading

Is Your Franchise System Due For A Legal Audit?

In the franchise world, the old adage “if you’re not moving forward, you’re falling behind” applies. Franchise systems cannot remain viable and healthy without consideration of new products and services which add additional opportunities for profit, thereby enhancing brand strength. In so doing, franchisors need to be careful that they step back in a timely … Continue Reading

Planning the FDD Update Process

Renewal season is upon us. Franchisors with fiscal years coinciding with the calendar year are now in the throws of updating their Franchise Disclosure Document. Given strict deadlines and the inherent difficulty in collecting the required information, having a plan for the updating process is critical. Here are five tips that can help your FDD updating … Continue Reading
LexBlog