Author Archives: mboxerman

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

Posted in Employment, Franchisor & Distributor Services | Tagged , , | Leave a comment

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

Posted in Employee Handbook, Employment, Franchisee, Franchisor, Franchisor & Distributor Services, Uncategorized | Leave a comment

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

Posted in Employment, Franchisee, Franchisor, Franchisor & Distributor Services | Leave a comment

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

Posted in Franchisee, Franchisor, Franchisor & Distributor Services, Joint Employer, Uncategorized | Tagged , , , , , | Leave a comment

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

Posted in Employment, Franchisee, Franchisor | Tagged , , , , | Leave a comment

Avoid Disputes with Business Partners by Planning Ahead

When partners embark on a new business venture there’s so much excitement about the future that most ignore the unfortunate fact that disputes are virtually inevitable. Planning for these disputes is the best way to avoid them. We offer the … Continue reading

Posted in Business and Corporate | Tagged , , , , , | Leave a comment

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

Posted in Employment, Franchisee, Franchisor | Tagged , , , , | Leave a comment

A Warning to Business Owners: Your Limited Liability Is Not Limitless

Limited liability shields shareholders of corporations and members of limited liability companies from personal liability for company debts.  The companies and their owners are treated as distinct legal entities, each responsible for only their own debts. Limited liability, however, is … Continue reading

Posted in Business and Corporate, LLC, S Corporation | Tagged , , , , | Leave a comment

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

Posted in Business Structures, Franchisee, Franchisor, LLC, S Corporation | Tagged , , , , , | Leave a comment

Every Employer’s Best Friend: The Employee Handbook

It’s a new year, and there’s no better time to create an employee handbook or update your existing one. A well-drafted employee handbook effectively communicates workplace expectations, policies and procedures to employees. When management follows its written policies and procedures, they … Continue reading

Posted in Employee Handbook, Employment | Tagged , , , , | Leave a comment