RECENT POSTS
Franchise 101: Promises to Prospectives; and Default! Default!
Franchisor 101: Promises to Prospectives A federal district court in New Jersey denied Travelodge Hotels’ motion for partial summary judgment against a former franchisee, holding there are genuine issues of fact as to Travelodge’s breach
Franchise 101: Greener Grass in a Foreign Forum; and The Ties That Won’t Bind
Franchisor 101: Greener Grass in a Foreign Forum A federal court in Maryland denied Marriott International, Inc.’s motion to dismiss plaintiffs’ action based on forum non conveniens. Plaintiffs sued Marriott and the JW Marriott hotel
Employer Cost Increases: Los Angeles Minimum Wage, Federal Mileage Rate
The City of Los Angeles announced its new minimum wage which rises to $16.78 per hour (an increase of $0.74 from the current minimum wage of $16.04), on July 1, 2023. The increase is based
Franchise 101: A Tasty Appeal; and A Window into Dispute Resolution
Franchisor 101: A Tasty Appeal The Eleventh Circuit Court of Appeals reversed a district court’s summary judgement order, granting a chocolate shop franchisor’s breach of contract and unfair competition claims. The appellate court concluded there
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
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 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,