Category Archives: Franchisor & Distributor Services

Be Sure to Conduct Due Diligence Before Buying a Franchise

So, you’re thinking about buying a franchise? Franchising can be a fantastic way to dive into business ownership, providing the security of an established brand and proven business model. Before you take the plunge, however, it’s crucial to do your … Continue reading

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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

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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

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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

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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

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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

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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

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

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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

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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

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