RECENT POSTS
NLRB Proposes Tougher Standards for Plaintiffs Claiming Joint Employer Liability
The joint employer question has been a hot topic in franchise and employment litigation for the last few years. You may remember the Browning-Ferris decision of 2015, in which the National Labor Relations Board (NLRB,
When Managers Go “Rogue”: Franchise & Employment Law Implications
by Matthew J. Soroky & Tal Burnovski Yeyni What should an employer do when an employee violates Company policies or when the employee’s actions reflect poorly on the Company? Most employers use disciplinary actions – anything
Tax Franchisee Terminated for Sharing Space With CannaBiz
by Matthew J. Soroky 818-907-3022 In Devore v. H&R Block, the franchisor H&R Block was found to have lawfully terminated a franchisee for violating an in-term non-compete covenant, because the franchisee permitted its office manager
Why Today’s SCOTUS Decision May Impact Franchisor Royalties
by Taylor M. Vernon 818-907-3027 Today, in South Dakota vs. WayFair, Inc., et al., the United States Supreme Court (“Court”) overturned long-standing precedents that required an out-of-state Seller to have a physical presence in a
Killer Coffee? California May Exempt Coffee Industry from Prop 65 Warning Requirements
We told you about the lawsuit brought against nearly 100 food industry companies regarding the lack of Prop 65 warnings in restaurants and stores selling coffee. The problem is the potential presence of acrylamide when
Court of Appeal Limits Applicability of the ABC Test
by Sue M. Bendavid & Nicholas Kanter In Dynamex, the California Supreme Court decided to adopt an “ABC” test to determine whether workers are properly classified as independent contractors. This raised a number of questions
Court’s Prop 65 Ruling a Great “Brewhaha” for Coffee Retailers
In 2010, a nonprofit group called The Council for Education and Research on Toxics (CERT) brought a lawsuit against 91 commercial coffee roasters, retailers and distributors. CERT claimed the defendants failed to provide warnings regarding
Full Speed Ahead: SBA Directory May Hasten Franchisee Lending Process
Franchise & Distribution Practice Group Chair by Barry Kurtz 818-907-3006 As of January 1, 2018, the U.S. Small Business Administration (SBA) will begin implementing new rules that will affect franchisors, entrepreneurs wishing to join a
Restaurant Industry Gets Another Chance to Chime in on Menu Labeling
CalBar Certified Franchise & Distribution Law Specialist by Barry Kurtz 818-907-3006 Franchisors in the food service industry have until January 18, 2018 to comment on the latest version of the Food & Drug Administration’s Menu
Beep: Your Hamburger is Ready
CalBar Certified Franchise & Distribution Law Specialist by Barry Kurtz 818-907-3006 Analysts predict robots may take nearly 40 percent of U.S. jobs – particularly the ones that require lower education levels – in the next