Franchisors who operate and sell franchises in Indiana should take note that, effective July 1, the Indiana Franchise Law was amended to require franchisors to file amendments to registrations if there is a material change to their franchise system. The amended law also permits franchisors to designate an expiration date earlier than one year from … Continue Reading
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
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
McDonald’s Corp. recently agreed to pay $3.75 million to settle a lawsuit filed by workers of one of its franchisees. Stop the presses! Isn’t that the opposite of what McDonald’s should be doing? Isn’t McDonald’s a leading player in fighting the idea that it is a joint employer of franchisee’s workers? Let’s back up a … Continue Reading
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 National Labor Relations Board (“NLRB” or the “Board”) Region Five Director (located in Baltimore) was recently asked to decide whether an environmental remediation contractor was a joint employer with its employee staffing firm, in the Green JobWorks LLC case. This is the first time that a Regional Director has looked at the joint employer … Continue Reading
