Category Archives: Franchisee

New Federal Overtime Rule Takes Effect December 1, 2016

The U.S. Department of Labor recently finalized a rule (the “Final Rule”) to update the federal white collar overtime exemptions.  The Final Rule, which takes effect on December 1, 2016, doubles the salary threshold—from $23,660 to $47,476 per year, or … Continue reading

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Update: Avoiding The Franchisor Joint Employer Trap

It’s an unsettling time for franchisors.  The NLRB’s new “indirect control” standard for finding a joint employer relationship (discussed here) is ambiguous and leaves many franchisors confused about how to protect their brand without becoming a joint employer with their … Continue reading

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Your Managers May Not Be Exempt Under the DOL’s Proposed Overtime Rules

Business owners and franchisees, you might need to start paying your managers overtime.  The Department of Labor (DOL) is updating the overtime rules for the so-called “white collar” exemption that excludes certain executive, administrative, and professional employees from the FLSA … Continue reading

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Limiting Employee Hours to Avoid the Affordable Care Act May Violate ERISA

Under the Affordable Care Act (ACA), employers with 50 full-time equivalent employees (those working 30+ hours per week) must offer at least minimal healthcare to employees and their dependents.  Employers, including many franchised businesses, may attempt to avoid this requirement … Continue reading

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Choice of Entity: LLC or S Corporation?

Choosing the right business structure makes a big difference for your business.  Most of today’s small business and franchise owners opt for one of two structures, the limited liability company (LLC) or the S corporation (S corp.).  While these business … Continue reading

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U.S. Attorney’s Office to Review City and Suburban Restaurants for Compliance with Americans with Disabilities Act

The United States Attorney’s office for the Northern District of Illinois recently announced it is reviewing restaurants in Chicago and the suburbs to ensure the facilities comply with the Americans with Disabilities Act (ADA).  Public accommodations such as restaurants must … Continue reading

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California Franchise Law Update: The New Franchisee-Friendly Regime

Recent amendments to the California Franchise Relations Act (CFRA) drastically shift the balance of power between franchisees and franchisors.  The amendments to the CFRA greatly expand franchisee protections in the event of termination, nonrenewal, and transfer. The amendments take effect January … Continue reading

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Withholding or Reducing Discretionary Bonuses May Lead to Discrimination Claims

In October 2015, the Second Circuit Court of Appeals ruled that an employer’s reduction of an employee’s discretionary bonus constitutes an adverse employment action and may support an employee’s discrimination claim. Davis v. New York City Dep’t of Educ., 2015 … Continue reading

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Negotiating Commercial Leases – Part 4 – Eliminating Financial Obstacles

During the last few weeks, Marcus & Boxerman published a series of blog posts about red flag provisions in commercial leases. This installment explains how to control the state of your finances by eliminating obstacles from your next commercial lease. Check … Continue reading

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Negotiating Commercial Leases – Part 3 – Hidden & Unnecessary Costs

Last week, Marcus & Boxerman posted the second installment of a four-part series on clauses to watch out for in commercial leases. This installment discusses making sure you get what you pay for by avoiding hidden and unnecessary costs in your … Continue reading

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