RECENT POSTS
Franchise 101: Poked in the Eye; and Transaction Totaled
Franchisor 101: Poked in the Eye A poke restaurant franchisee in Ohio sued the franchisor for violation of the California Franchise Investment Law (CFIL) and other claims. The franchisor defendants moved to dismiss the claims.
Franchise 101: No Repairing Delayed Filing; and Forum Selection Clause is Just what the Doctor Ordered
Franchisor 101: No Repairing Delayed Filing A New Jersey federal court denied a franchisor’s motion for preliminary injunction against a franchisee due to franchisor’s 11 month delay in bringing the motion. Franchisee entered into two
Protecting Seniors from Holiday Scammers
With the holiday season fast approaching, it’s not just family and friends that are all around us; the scammers are waiting in the shadows as well. According to an Experian blog posted in 2020, one in
Cadena v. Customer Connexx: Time Spent Clocking-In Is Compensable
The Ninth Circuit Court of Appeal held that time spent logging in to start employees’ shifts should be compensable. Plaintiffs – call center employees whose primary responsibilities were to provide customer service over the phone
Franchise 101: Transfer DQ’d; and Caught Between a Rock and a Renewal
Franchisor 101: Transfer DQ’d A federal court in Wisconsin ruled that Dairy Queen did not breach a 1952 franchise agreement with a franchisee by requiring a prospective buyer of the franchise to sign an updated
Camp v. Home Depot-Employer Rounding Policies Under Scrutiny
The Sixth District California Court of Appeal held that despite evidence of neutrality of a rounding policy, the employer did not meet its burden of proof to show employees were properly compensated for all hours
New Legislation Affecting California Employers – Part 3
The California Legislature enacted numerous new bills – some (like those regarding COVID-19) are in effect now. Others require employer compliance as of January 1, 2023. This is the third part in a series of
New Legislation Affecting California Employers – Part 2
Following the summer recess, the California Legislature enacted numerous state Senate and Assembly bills taking effect immediately, or in 2023. Here are some with a direct impact on California employers. (Info re other new laws,
New Legislation Affecting California Employers – Part 1
California employers face new slate of legislation in 2023.
Franchise 101: All the King’s Poachers; and Subject Matter Mania
Franchisor 101: All the King’s Poachers A federal appellate court held that Burger King and its franchisees may violate Section 1 of the Sherman Act (antitrust) by engaging in concerted action when entering into “no-hire”