Author Archives: mboxerman

Negotiating Commercial Leases – Part 4 – Eliminating Financial Obstacles

Posted on November 2, 2015 by mboxerman

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 →

Posted in Franchisee, Franchisor, Leases, Real Estate | Tagged commercial leases, landlord's liens, personal guarantees, retail leases | Leave a comment

Negotiating Commercial Leases – Part 3 – Hidden & Unnecessary Costs

Posted on October 26, 2015 by mboxerman

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 →

Posted in Franchisee, Franchisor, Leases, Real Estate | Tagged commercial leases, common area maintenance, phantom space, retail leases | Leave a comment

Negotiating Commercial Leases – Part 2 – Exclusivity, Permitted Use & Continuous Operation Requirements

Posted on October 21, 2015 by mboxerman

Earlier this month, Marcus & Boxerman published the first of a four-part series discussing red flags in commercial leases. This installment discusses the importance of keeping overly restrictive permitted use and continuous operation provisions out of your lease while insisting that an … Continue reading →

Posted in Franchisee, Franchisor, Leases, Real Estate | Tagged commercial leases, continuous operation, exclusivity clauses, permitted use clauses, retail leases | Leave a comment

Negotiating Commercial Leases – Part 1 – Preventing Sublease & Assignment Restrictions, Relocation & Demolition

Posted on October 7, 2015 by mboxerman

During the month of October, Marcus & Boxerman will publish a four-part series discussing red flag provisions that you should look out for in commercial leases. Part One focuses on clauses that restrict your options or undercut the stability of … Continue reading →

Posted in Franchisee, Franchisor, Leases, Real Estate | Tagged commercial leases, demolition clause, relocation clause, retail leases, sublease and assignment | Leave a comment

NLRB’s Controversial Decision Will Impact Classic Franchise Relationship

Posted on September 29, 2015 by mboxerman

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 | Leave a comment

Employer Best Practices – Part 3 – Common Compliance Issues Facing Employers

Posted on August 20, 2015 by mboxerman

Throughout August, Marcus & Boxerman has published a series exploring employer best practices. First, we discussed creating employee handbooks and adopting uniform employment policies, and earlier this week, we detailed best practices employers should use in maintaining employee personnel files. … Continue reading →

Posted in Employment | Tagged Best Practices, compliance, employer, employment, employment regulations | Leave a comment

Employer Best Practices – Part 2 – Maintaining Personnel Files

Posted on August 17, 2015 by mboxerman

Earlier this month, Marcus & Boxerman published the first in a three-part series highlighting employer best practices. In case you missed it, click here to learn about best practices for employee handbooks and uniform enforcement of employment policies. This installment … Continue reading →

Posted in Employment | Tagged Best Practices, employee personnel files, employee screening, employee separation, employer, employment law | Leave a comment

Employer Best Practices – Part 1 – Employee Handbooks and Uniform Employment Policies

Posted on August 4, 2015 by mboxerman

Over the next few weeks, Marcus & Boxerman will publish a three-part series discussing employer best practices. Part One focuses on the practices all employers should adhere to in creating, developing, and enforcing employment policies and workplace conditions. Part Two … Continue reading →

Posted in Employment | Tagged Employee Handbooks, employer best practices, employment law, employment litigation, Employment Policies | Leave a comment

U.S. Department of Labor: Most Workers are Employees, Not Independent Contractors

Posted on July 23, 2015 by mboxerman

On July 15, 2015, Administrator David Weil, of the Wage and Hour Division of the U.S. Department of Labor (“DOL”), issued an Administrator’s Interpretation (“Interpretation”) making clear that the vast majority of workers are employees, not independent contractors, regardless of … Continue reading →

Posted in Employment | Tagged Department of Labor, employee, employment, Fair Labor Standards Act, flsa, Independent Contractors, worker classification | Leave a comment

NLRB Provides “Fresh” Guidance on Joint Employment

Posted on June 30, 2015 by mboxerman

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 →

Posted in Employment, Franchisee, Franchisor & Distributor Services | Tagged employer liability, franchise law, joint employer, National Labor Relations Board, NLRB | Leave a comment