Buyer Beware: Avoiding the pitfalls of successor liability when purchasing a network

Over the last decade, our firm has represented hundreds of Dunkin’ franchisees who have expanded their networks through the purchase of existing restaurants. The vast majority of these acquisitions are transacted as purchases of tangible (e.g. furniture, fixtures, and equipment) and intangible (e.g. telephone numbers) assets, as opposed to the purchase of the stock or…

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Ohio on Verge of Joint Employer Exemption

Legislation has passed the Ohio state senate that exempts franchisors from joint employer status. Still subject to one final concurrence vote in the House before it is sent to the Governor for his signature, House bill 494 specifically exempts franchisors from any liability as a joint employer unless the franchisor specifically adopts joint employer status…

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Mapping The Investigations

Since the democrat party succeeded in flipping the US House in the 2018 midterm elections, the anticipation has been that President Trump will be subjected to 2 years of non-stop Congressional hearings and inquiries. It seems now however, that the first target of the democratic House may actually be Labor Secretary Alex Acosta. None other…

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Union Work Pays Off for Labor

Organized labor was active as usual in the elections this past Tuesday, but this year those efforts apparently paid some pretty good dividends for the unions. Unions (especially SEIU and the Fight for $15) are claiming credit for a couple of gubernatorial victories – the defeat of Governor Scott Walker in Wisconsin and Illinois Governor…

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Union Push

If you needed any additional incentive to get to the polls, remember that the unions will be out in force. The SEIU-backed Fight for $15 will deploy canvassers in the mid-west to support candidates who back collective bargaining rights and a federally mandated $15 minimum wage. Fight for $15 will target the tightly fought gubernatorial…

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Pins are in at In-N-Out Burger

Appeals Court protects employees’ right to wear buttons advocating higher wages While employers may require employees to wear a uniform at work, under the National Labor Relations Act (NLRA) employees have the right to wear union buttons and insignia while working. Those conflicting rights have created fights over what a company may require and what…

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Do As We Say, Not As We Do

Many of the nation’s union leaders are regularly admonishing businessmen and women to be more considerate of and generous to their employees. Regardless of how it may impact the viability of the business, unions argue that employees deserve more pay, more lenient work rules and greater benefits from their employer – that is, unless they…

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Good News, Bad News

Workers at a Long Island, New York location of the retail giant Target rejected unionizing a couple of weeks ago by an overwhelming vote of 118 – 39! The United Food and Commercial Workers (UFCW) Union has tried on a number of occasions to unionize Target workers, but has failed in each instance. New York…

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McDonald’s VS. SEIU

Speaking of the joint employer rule and NLRB, the heavyweight battle between the Golden Arches and Service Employees International Union (SEIU), the money and force behind the Fight for $15 and other worker advocacy initiatives, is just getting bigger and broader. McDonalds Corporation last week retained management-side law firm giants Littler Mendelson and Morgan Lewis…

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Two Prong Push for Joint Employer Fix

Congress is pushing for a final resolution to the joint employer issue on both the regulatory and legislative fronts. First off this week, both Senate Subcommittee on Employment and Workplace Safety Chairman Johnny Isakson (R-GA) and his House counterpart, Subcommittee on Workforce Protections Chairman Bradley Byrne (R-AL) sent letters asking all House and Senate members to…

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