Marcus & Boxerman Franchise Law Blog
We’re business law and franchise lawyers in Chicago providing customized legal services to businesses and their owners, franchisors and franchisees, and the restaurant and hospitality industry. Our knowledgeable, effective, and responsive attorneys counsel clients in connection with contracts and franchise agreements, corporate and LLC issues, leases and real estate transactions, employment issues, estate planning and business succession, and lawsuits and alternative dispute resolution.-
Recent Posts
- Michael Boxerman Selected to Franchise & Dealership Super Lawyers List
- Enhancing Corporate Transparency: Corporate Transparency Act Takes Effect January 1st
- FTC Requests Public Comment for Potential Updates to Franchise Rule
- NY Times Article Highlights Tension Between Franchisors and Franchisees
- Illinois Paid Leave Act Will Require Illinois Employers To Provide Paid Leave Beginning January 1, 2024
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Category Archives: Franchisor & Distributor Services
FTC Requests Public Comment for Potential Updates to Franchise Rule
The Federal Trade Commission (FTC) has recently requested public comment on how franchisors exert control over their franchisees and their franchisee’s workers. The FTC’s aims to gather information on this issue and to potentially update the its Franchise Rule. In … Continue reading
NY Times Article Highlights Tension Between Franchisors and Franchisees
The New York Times recently released an article highlighting rising tensions between franchisors and franchisees. According to the article, the Government Accountability Office released a report that support’s franchisee’s claims that they are being pushed out of profits generated by … Continue reading
GUIDING YOUR RESTAURANT OR HOSPITALITY BUSINESS THROUGH COVID-19
As communities across the United States grapple with the spread of COVID-19, the attorneys at Marcus & Boxerman remain dedicated to serving one of the industries most impacted by this pandemic—the restaurant and hospitality industry. We continue to advise our … Continue reading
Important COVID-19 Guidance For Retail Businesses
With the expansion of COVID-19 and a renewed emphasis on corporate responsibility, it’s prudent for all businesses—especially those operating in the retail sector—to formulate a plan to address various issues related to COVID-19. Retail businesses face a unique challenge during … Continue reading
Illinois and Chicago Employment Law Update: Minimum Wage, Paid Sick Leave and Employee Retirement Accounts
Three important employment law changes in the City of Chicago and the State of Illinois may affect your business. Chicago Minimum Wage Ordinance On July 1, 2016, the City of Chicago’s minimum wage increased by 50 cents per hour, to … Continue reading
Defend Trade Secrets Act Creates Federal Jurisdiction Over Misappropriation Claims
Congress recently passed the Defend Trade Secrets Act (“DTSA”), vesting federal courts with the power to hear trade secret theft disputes and act immediately to resolve them. The DTSA took effect May 12, 2016, and further empowers American innovators to … Continue reading
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
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
NLRB’s Controversial Decision Will Impact Classic Franchise Relationship
In a recent ruling, the National Labor Relations Board (the “Board”) replaced a decades-old standard for determining whether a joint employer relationship exists between two or more employers that retain some degree of control over the same set of employees. … Continue reading
Posted in Employment, Franchisee, Franchisor, Franchisor & Distributor Services, Joint Employer
Tagged Best Practices, employee rights, Employees, Employers, Employment Policies, Franchise Relationship, Franchisee, Franchisor, joint employers, Labor, National Labor Relations Act, National Labor Relations Board, NLRB
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NLRB Provides “Fresh” Guidance on Joint Employment
On April 28, 2015 the National Labor Relations Board (“NLRB”) issued an advisory opinion to the NLRB Chicago Region regarding joint employment. The NLRB concluded that neither Freshii Development, L.L.C. (“Freshii”), a fast-casual restaurant franchisor with over 100 franchised locations, … Continue reading