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What Does Dynamex Really Mean For Franchising in California?
The California Supreme Court’s decision in Dynamex Operations W., Inc. v. Superior Court, 416 P.3d 1 (Cal. 2018), sent shockwaves through California’s business community in May when the court adopted a new standard for classifying workers as independent contractors or employees.
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Public Employees Cannot be Required to Pay Fair Share Fees
On Wednesday, June 27, 2018 the U.S. Supreme Court upheld Illinois state employee Mark Janus’ challenge of a 1977 Supreme Court case, Abood v. Detroit Board of Education.
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Judge Decides that the Minneapolis Sick and Safe Time Ordinance Does Not Apply to Employers Based Outside the City of Minneapolis
Judge Mel I. Dickstein ruled that the City of Minneapolis cannot enforce its sick and safe time ordinance against an employer based outside the geographical boundaries of Minneapolis.
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Gov. Dayton Signs Bill Delaying Statute of Limitations in Construction Injury Cases
On May 8, 2018, Gov. Mark Dayton signed into law house bill H.F. 2743, which will delay the starting point of the statute of limitations when an injury occurs in connection with a major construction project.
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Coverage for Construction Defect Claims: Property Damage, Occurrence and Notice
Construction Defect Litigation, Minnesota CLE May 9, 2018
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Wisconsin’s Act 67 Could be a Game-Changer For Conditional Use Permit Applicants
The conditional use permitting process received a significant overhaul by the Wisconsin Legislature last year in ways that should be welcomed by property owners seeking such permits.
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Minnesota Court of Appeals Restricts When Tenants May Defend Eviction by Claiming Retaliation
In a decision filed April 9, 2018, Central Housing Associates, LP v. Olson, the Minnesota Court of Appeals provided significant guidance concerning when a retaliation defense may be asserted to challenge an eviction action after termination of tenancy.
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U.S. Department of Labor’s Pilot FLSA Self-Audit Plan
This week the United States Department of Labor’s Wage and Hour Division (WHD) announced a new six-month pilot program, the Payroll Audit Independent Determination (PAID) program.
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Hy-Brand Decision Vacated as Joint Employer Liability Standard
In light of a recent report from National Labor Relations Board (NLRB) Inspector General David Berry, the board vacated the Hy-Brand decision, which used a higher standard for determining joint employment.
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Determining the Viability of Franchising Your Business
Your franchisees should not be the testing centers for your concept. Although there is no rule that requires it, the likelihood that your franchisees will follow your system improve dramatically when you can show them a successful prototype.
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Item 19 Disclosures Must Now Comply With New Law
The North American Securities Administrators Association (NASAA) Commentary on financial performance representations (FPR), which we have been writing about for the last year, is now the law.
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A Moving Target: The NLRB Overturned Browning-Ferris – What’s Next?
Franchisors got an early Christmas present last month when the National Labor Relations Board (NLRB) broke on political lines in a 3-2 decision overruling Browning-Ferris Industries, 362 NLRB No. 186 (2015).
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New European Union Data Protection Rules
Franchisors who process or hold personal data for individuals residing in the European Union (EU) will be subject to the EU’s General Data Protection Regulation (GDPR) beginning on May 25.
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New Guidance on FDA Menu Labeling Rules
After several postponements, the FDA will finally begin implementing its Menu Labeling Final Rule on May 7.
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What Happens After a Property Tax Appeal is Filed in Minnesota?
Minnesota's deadline to file a real estate tax appeal for taxes payable in 2018 is April 30, 2018, but what happens after the appeal is filed?
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National Labor Relations Board Reverses Three Obama-Era Policies
In the fall of 2017, Republicans comprised a majority of the seats on the National Labor Relations Board (NLRB). We are beginning to see the reversal of many decisions issued by the NLRB under the Obama administration. The following are three significant decisions issued in December of 2017.
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Inserting Your Client’s Audit Into Their FDD? Stop. Read it.
It is important that you, as the franchisor’s attorney, review your client’s audited financial statements, hopefully before they are finalized. Failure to do so will often result in a mistake in the financial statements, or a mistake in the FDD, either of which can lead to significant liability for your client.
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The Association of Legal Administrators Diversity Toolkit
The Association of Legal Administrators Diversity Toolkit was published in the Institute for Inclusion in the Legal Profession Review 2017: The State of Diversity and Inclusion in the Legal Profession.
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Changes in Item 19 Disclosure Requirements Take Effect Next Week
We have previously written about the changes required to Item 19 disclosures based upon the adoption in May of the new NASAA financial performance representation (FPR) commentary. If your franchise disclosure document (FDD) has an effective date of May 9 or later, then you only have until next Saturday, Nov. 4, to update the Item 19 disclosures in your FDD.
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SBA Makes it Easier For Franchisees to Obtain Financing
The Small Business Administration (SBA) has simplified the SBA loan process for franchisees, effective Jan. 1, 2018.
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