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Log In / Register | Jul 17, 2018
Legal news that affect small businesses and franchises, or legal advice for franchise owners

Shadow Battle over Joint Employer Ruling Taking Place in State Legislatures

"Business groups and conservative activists" led by the International Franchise Association, which was founded by franchisors, are fighting to undo the National Labor Relations Board joint employer ruling by lobbying at state legislatures. They have succeeded in getting state lawmakers to pass legislation that defines the relationship between franchisor, franchisee and franchisee employees away from joint employer.

This Smells Like a Lawsuit: Fragrance Sensitivity under ADA

An Illinois federal judge has rejected an employee’s disability discrimination lawsuit, in which the employee claimed her employer failed to reasonably accommodate her fragrance sensitivity as required under the Americans with Disabilities Act (“ADA”).

SBA New Rule Gives Relief to Franchise Sector

The SBA's new rule, effective January 1, 2017, offers encouraging relief to franchise owners and franchisors from the red tape of its lending programs. The 343-page document, which includes yellow highlights, is available online, but fortunately franchise attorney Theodore P. Pearce has written a summary:

Death of CorePower Yoga Founder Could Be Accidental

After San Diego homicide detectives investigated what they considered the suspicious death of CorePower Yoga founder Trevor Tice at his home last December, their latest conclusion is that Tice's injuries were caused by an accidental fall. An exact cause of death had not been officially cited by the medical examiner at the end of last month, saying all test results were not completed.

The $300K Flu Shot

While getting a flu shot may result in a temporarily sore arm, a Pennsylvania hospital is feeling some significant financial pain in its bank account after settling a lawsuit over its mandatory flu shot policy. 

Court Case: When Franchisees Are Locked into a Franchisor-Designated Vendor

Franchisees sued their franchisor over being locked into its mandated vendor who charged, they said, high prices with kickbacks to the franchisor. They lost. Attorney Lewitt Hackman explains:

Employment Law in 2017

One of the biggest employment law developments of 2016 will carry over into 2017 and a new administration. Employers nationwide spent much of the past year preparing for the December 1, 2016 implementation of the Department of Labor’s (“DOL”) Final Rule, bumping the minimum salary level for white collar exemptions under the Fair Labor Standards Act ("FLSA") from $23,660 annually ($455 per week) to $47,476 annually ($913 per week).

Surprise FLSA Ruling

It continues to be a season of surprises in American politics…and in employment law.  Who would ever have thought that a federal judge, appointed by President Obama, would throw a money wrench in a key initiative of the Obama Department of Labor? 

Auto Dealer Wins Proposed Judgment of Treble Damages in Suit against Deceitful Exporters

A Huntington Beach, California Chrysler-Dodge-Jeep-Ram dealer was duped through an intricate setup into selling 117 Ram pickups to a company which then exported them to China, a violation of the dealer's franchise agreement. Dealer principal Pete Shaver took the exporter to court in a jury trial, winning a proposed judgment of treble damages, based on RICO and fraud, that was entered by a judge on November 1.

OSHA Prohibits Employers Using Drug Testing as Retaliation

The Occupational Safety and Health Administration's ("OSHA") has a new position regarding mandatory drug/alcohol testing of employees following involvement in a work-place accident.