Author Archives: mboxerman

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

Posted on March 25, 2016 by mboxerman

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 Department of Labor, employment law, overtime exemptions, overtime requirements, wage and hour laws | Leave a comment

Avoid Disputes with Business Partners by Planning Ahead

Posted on March 15, 2016 by mboxerman

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 business partners, dispute resolution, operating agreements, partnership agreements, partnership disputes, shareholder agreements | Leave a comment

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

Posted on February 26, 2016 by mboxerman

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 aca, affordable care act, employer liability, employment law, obamacare | Leave a comment

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

Posted on February 16, 2016 by mboxerman

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 corporation, limited liability, limited liability company, llc, piercing the veil | Leave a comment

Choice of Entity: LLC or S Corporation?

Posted on January 29, 2016 by mboxerman

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 business structures, franchise structures, limited liability company, llc, s corp., s corporation | Leave a comment

Every Employer’s Best Friend: The Employee Handbook

Posted on January 26, 2016 by mboxerman

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 employee handbook, employer best practices, employment law, litigation prevention, policies and procedures | Leave a comment

Amendments to the Illinois Unemployment Insurance Act Make It Easier to Contest an Unemployment Compensation Claim

Posted on January 5, 2016 by mboxerman

New amendments to the Illinois Unemployment Insurance Act that make it easier for employers to contest a claim for unemployment compensation went into effect on January 3, 2016. Under the Act, an employee may be denied unemployment benefits if he … Continue reading →

Posted in Employment, Termination | Tagged employee misconduct, employee termination, Employment Policies, illinois unemployment insurance act, unemployment benefits | Leave a comment

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

Posted on December 4, 2015 by mboxerman

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 →

Posted in Franchisee, Franchisor | Tagged ADA compliance, ada lawsuits, americans with disabilities act, Chicago restaurant owners, restaurant regulations | Leave a comment

Review This Before Terminating an Employee

Posted on November 23, 2015 by mboxerman

Terminating an employee is never pleasant, especially if you’re worried about a potential lawsuit. Be sure to review this checklist to best avoid unnecessary litigation and to help ensure you are prepared to defend against a claim for unlawful termination … Continue reading →

Posted in Employment, Termination | Tagged employee misconduct, employee termination, employment law, employment litigation | Leave a comment

California Franchise Law Update: The New Franchisee-Friendly Regime

Posted on November 9, 2015 by mboxerman

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 →

Posted in Franchisee, Franchisor | Tagged california franchise relations act, cfra, franchise agreements, franchise law, Franchise Relationship | Leave a comment