Tag Archives: employment law

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

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

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

Review This Before Terminating an Employee

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 , , , | Leave a comment

Employer Best Practices – Part 2 – Maintaining Personnel Files

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 , , , , , | Leave a comment

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

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 , , , , | Leave a comment