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Cal/OSHA’s New Employer Compliance re COVID-19
On November 30, 2020, California’s Division of Occupational Safety and Health (Cal/OSHA) adopted emergency regulations to protect workers from COVID-19. The regulations require employers to develop an investigation, isolation, and notification plan in the event
Franchise 101: Court Remediates Damage to Restoration Franchisor; and Fitness Franchisee Exercises Poor Judgment
Franchisor 101: Court Remediates Damage to Restoration Franchisor A federal court in Nashville granted summary judgment on breach of contract claims in favor of a damage restoration franchisor’s lawsuit with a former California franchisee. A
Changes: Cooperation Rather Than Conflict
The COVID-19 pandemic forced food service franchisors and franchisees to adapt their business models and operations procedures and work together to survive during these unprecedented times. People generally resist change because they fear they will
Last Week Was National Estate Planning Awareness Week
Did anyone tell you it was National Estate Planning Week? We were not aware. No one sent us a greeting card to remind us. But because we are now thinking about it. . .. Have
Franchise 101: (Non)Competing for Care; and COVID-19 Defense Leads to Contempt
Franchisor 101: (Non)Competing for Care A U.S. Court of Appeals upheld a federal district court decision partly granting a preliminary injunction sought by a companionship and domestic care services franchisor against a former franchisee, for
Competing Tests: Employee or Independent Contractor? Saving the Franchise Model
Assembly Bill 5 took effect in California on January 1, 2020 and governs when a business can treat a worker as an employee as opposed to an independent contractor. Under AB5 and its “ABC” test,
2020 Ballot: California’s Propositions 15, 19 Amend Tax on Real Property
Of the twelve statewide ballot propositions certified to appear on the ballot for the upcoming election on November 3, 2020, two seek to amend the taxation of real property in California. Before diving into the
New Franchise Regulations on the Horizon?
On September 16, 2020, Rohit Chopra, one of the five commissioners on the Federal Trade Commission (FTC), declared on Twitter that “[franchise] regulators must stop unfair, deceptive, and discriminatory practices that target franchisees and their
Franchise 101: New Joint Employer Rule Nixed for Now; and Trashing the Competition
Franchisor 101: New Joint Employer Rule Nixed In another twist to the joint employer saga, a United States District Court in New York voided the Department of Labor’s (“DOL”) new rule for joint employment. Eighteen
COVID-19 In the Workplace: Employees May Seek Workers’ Compensation
In May 2020 Governor Gavin Newsom issued an executive order that created a time-limited rebuttable presumption for employees to seek workers’ compensation benefits if they tested positive for COVID-19 while on the job. The Executive