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|Restaurant Franchisors Targeted by NLRB and DOL for Claims They are Joint Employers of Franchisees' Employees|
L. Grant Close, David A. Prather; Ford & Harrison LLP;
September 29, 2014, previously published on September 26, 2014Restaurant franchisors are facing efforts from both the National Labor Relations Board (NLRB) and the U.S. Department of Labor (DOL) to make them joint employers of franchisees' employees. The Board's efforts have caught the attention of Congress where a House subcommittee held a hearing on the...
|Update on BC Franchise Legislation - BC Government Asks for Submissions from Stakeholders|
Jordanna Cytrynbaum, Helen Fotinos, Miriam Isman, Adam Ship; McCarthy Tétrault LLP;
September 26, 2014, previously published on September 15, 2014Earlier this year, the British Columbia Law Institute (BCLI) published a Report on a Franchise Act for British Columbia (the “BCLI Report”) and recommended the implementation of franchise disclosure legislation in B.C., similar in structure to the legislation in force in Ontario,...
|Ontario Court Certifies Franchise Encroachment Claim as Class Action|
Sarit E. Batner, Helen Fotinos, Adam Ship, Thomas N.T. Sutton, Tyler Wentzell; McCarthy Tétrault LLP;
September 26, 2014, previously published on September 15, 2014The Ontario Superior Court of Justice recently certified a class action by dealers of a home furnishings company in 1291079 Ontario Limited v. Sears Canada Inc.
|Understanding The Fundamentals of Franchise Law|
James G. Heldman; Strauss Troy Co., L.P.A.;
September 23, 2014, previously published on September 12, 2014Franchising is regulated by the Federal Trade Commission Franchise Rule ("FTC Franchise Rule") and by various state agencies. A state's franchise laws usually apply only if the offer or sale of a franchise is made in the state; or the franchised business will be located in the state, or...
|Will Petition Flow Through, Too? Texas Comptroller Seeks Review on Subcontractor Payments for Franchise Tax Purposes|
Stephanie T. Do, Timothy A. Gustafson; Sutherland Asbill & Brennan LLP;
September 4, 2014, previously published on August 28, 2014 The Texas Comptroller has filed a reply supporting its petition for review to the Texas Supreme Court in Titan Transp., LP v. Combs, 433 S.W.3d 625 (Tex. App. 3rd 2014). The taxpayer in Titan was in the business of hauling, delivering and depositing aggregate at construction sites, providing its...
|California About to Make Franchise Terminations Harder|
Michael A. Bowen, Roberta F. Howell; Foley & Lardner LLP;
September 1, 2014, previously published on August 28, 2014A bill on the verge of becoming law in California will sharply narrow the grounds for termination of franchises in that state, and may require re-examination of the terms of franchise agreements. Existing California law bars termination of franchises prior to expiration of their terms “except...
|Ontario Court Declares That Bare Trademark License Agreement Is Not Subject to Franchise Disclosure Legislation|
Helen Fotinos, Brooke MacKenzie, Catherine M. Samuel, Adam Ship; McCarthy Tétrault LLP;
August 25, 2014, previously published on August 19, 2014A recent decision of the Ontario Superior Court of Justice found that a bare trademark license agreement was not subject to Ontario’s franchise legislation. The decision provides guidance to companies that wish to avoid the application of Ontario’s Arthur Wishart Act (Franchise...
|California's "Doing Business" Standard Requires Neither Any "Doing" Nor Any "Business" in California|
Stephen A. Burroughs, Pilar Mata; Sutherland Asbill & Brennan LLP;
August 19, 2014, previously published on August 13, 2014 The California Franchise Tax Board (FTB) issued a legal ruling determining that it will attribute the business activities of a multiple-member limited liability company classified as a partnership for tax purposes (LLC) to its members when determining whether such members are “doing...
|Actions May Speak Louder than Words: Can Franchise Agreements Protect Franchisors from Liability as Joint Employers?|
David Dubberly, Ted P. Pearce; Nexsen Pruet, LLC;
August 14, 2014, previously published on August 5, 2014The National Labor Relations Board (NLRB) has created a buzz within the franchise community by announcing that McDonald's may be responsible as a "joint employer" for alleged unfair labor practices of some of its franchisees. Employees of franchisees have filed more than 180 unfair labor...
|Food, Folks, and Franchise-Wide Liability: NLRB Signals Intent to Pound Square Joint Employer Peg Into Round Franchise Hole|
Christopher G. Ward; Foley & Lardner LLP;
August 12, 2014, previously published on August 11, 2014A big part of what makes the franchise model of business attractive to small business owners is the opportunity to own and operate their own business, but with their entrepreneurial risk backstopped by a known regional or national brand. In turn, the franchisor facilitates the success of its...