RECENT POSTS
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,
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”
Fast Food Restaurants Could Disappear Fast
Assembly Bill 257, the Fast Food Accountability and Standards Recovery Act (“FAST Recovery Act,” or the “Act”) became law in California on September 5, 2022. According to the California legislature and Governor Gavin Newsom, the
Franchise 101: Sparring Over Successor Liability; and Inhospitable Hotel Software
Franchisor 101: Sparring Over Successor Liability A New York federal court declined to dismiss certain breach of contract and misrepresentation claims by a franchisee against kick-boxing franchisor, ILKB, LLC, its key personnel and its successor,
Pending Governmental Intrusions on Franchisors & Franchisees
Assembly Bill 257 and Senate Bill 1247 are now pending in the California legislature. Their passage could intrude on franchisors’ and franchisees’ abilities to conduct business in California. AB 257 On June 28, 2022, the
California Employers: Minimum Wage Increase July 1, 2022
Given the current state of inflation, minimum wage increases in many California municipalities will be going into effect as of July 1, 2022. Although a state-wide minimum wage of $15.00 for all employers (regardless of
Franchise 101: Call Option Claim Bends; and Small Business on Main Street
Franchisor 101: Call Option Claim Bends A Delaware court found a yoga studio franchisee was entitled to an order requiring the franchisor to buy all of the franchisee’s yoga studios in six states. The court
No break from penalties – CA Supreme Court holds unpaid premiums give rise to waiting time penalties
The California Supreme Court published its decision in Gustavo Naranjo et al., v. Spectrum Security Services holding that employers who fail to pay for meal or rest break premiums, may also be responsible for waiting