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
- Nationwide Injunction Blocks Enforcement of the Corporate Transparency Act: What Business Owners Need to Know
- Federal Court Blocks FTC’s Nationwide Noncompete Ban: What Employers Need to Know
- Be Sure to Conduct Due Diligence Before Buying a Franchise
- Michael Boxerman Selected to Franchise & Dealership Super Lawyers List
- Enhancing Corporate Transparency: Corporate Transparency Act Takes Effect January 1st
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Category Archives: Franchisee
NLRB Reinstates Prior Joint-Employer Standard
On December 14, 2017, in a 3-2 decision, that could allay fears of franchisors being joint employers of their franchisees, the National Labor Relations Board overruled the Board’s 2015 decision in Browning-Ferris Industries, 362 NLRB No. 186 (2015) (“Browning-Ferris”), and returned to … Continue reading
Posted in Employment, Franchisee, Franchisor, Joint Employer, Uncategorized
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New Illinois Law Renders Non-Compete Agreements for Low-Wage Employees “Illegal and Void”
On August 19, 2016, Governor Bruce Rauner signed into law the Illinois Freedom to Work Act (the “Act”). The Act prohibits certain Illinois employers from entering into non-compete agreements with low-wage employees. The law takes effect January 1, 2017. The … Continue reading
Posted in Employee Handbook, Franchisee
Tagged employment agreement, non-compete, non-competition
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Restaurant Owners: Are You Taking Advantage of All Tax Credits and Deductions?
Restaurant owners can take advantage of many special deductions and credits providing substantial tax savings. Here are several to explore: Tax Credits for Hiring in Empowerment Zones. Tax credits are available for hiring employees who live and work in an … Continue reading
Posted in Franchisee, Franchisor, Leases, Real Estate, Restaurant, Tax
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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
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
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 aca, affordable care act, employer liability, employment law, obamacare
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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
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