Targeting the Golden Arches Over Time

A class action lawsuit was filed this week in Chicago against McDonalds alleging the company hasn’t acted sufficiently to protect its employees in the face of the coronavirus pandemic. If you take the longer view, you can see the allies lining up and checking the requisite boxes over the past few months to initiate such…

Read More »

Follow-Up on Debit Card Swipe Settlement

Last week, we advised that the U.S. District Court gave final approval to a $5.54 billion settlement in the class action lawsuit against VISA, MasterCard and the largest card-issuing banks over card swipe fees and overcharges to businesses since 2004. We also reported that DDIFO is in discussions with Class Action Refunds to possibly provide…

Read More »

Court Approves Card Swipe Settlement

In mid-December, the U.S. District Court for the Eastern District of New York granted final approval of a $5.54 billion settlement in the lawsuit brought by merchants against VISA, MasterCard and the largest card-issuing banks. The class action lawsuit was initiated on behalf of merchants that accepted VISA or MasterCard since January 1, 2004 and…

Read More »

Drive-By Lawsuits 2.0

For several years now, businesses have been plagued by litigation alleging violations of the American with Disabilities Act (whether violations existed or not) in order to extract a financial settlement (small enough to be worth settling, but large enough to be a problem) from the business owner. Such lawsuits become known as “drive-by lawsuits”. For…

Read More »

Class Action Filed Using AB5 in California

Before the ink was even dry on the California Governor’s signature on Assembly Bill 5 (the sweeping worker classification law that codified the Dynamex decision) last week, rideshare company Uber was hit with a class-action suit alleging the company had illegally misclassified its drivers as independent contractors rather than employees. The plaintiff’s attorney, Shannon Liss-Riordan…

Read More »

Competitor News

The only Tim Horton’s franchisee in Minnesota filed suit against the brand and its parent, Restaurant Brands International, last week in US District Court. The franchisee, Tim-Minn, had planned to open 280 stores in the state, but in its lawsuit, claims the brand used false and misleading information to attract Tim-Minn participation. According to the…

Read More »

Federal Court Weighs In On Overtime Exemption

Speaking of the overtime threshold exemption, the US District Court for the Eastern District of Missouri weighed in recently when it granted conditional class certification under the FLSA to some overtime exempted employees. The Steak ‘n Shake employees were restaurant managers who the company had exempted from overtime under the executive and administrative exemptions. The…

Read More »

Dunkin’ Doings

The bulk of the news on Dunkin’ this week focused on the name change dropping donuts that was announced in Las Vegas. There are other items to note however. First off, we want to congratulate Dunkin’ franchisee (and current CFA Chairman) John Motta on his reelection last week as the President of the USA Adult…

Read More »

Legal Issues Affecting Franchisees Today

You have a lot of people with their eye on your money,” Attorney Christopher Menihan warned franchisees attending the DDIFO National Conference. “If your network happens to get hit, one of these is enough to topple everything you’ve been working for.” Menihan is an associate with Lisa & Sousa, DDIFO’s General Counsel. And, he was…

Read More »

SCOTUS OKs Arbitration vs. Class Action

By a 5-4 decision released earlier this week, the Supreme Court of the United States (SCOTUS) confirmed that employers have the right to require employees address grievances through arbitration and not class action litigation. With so many recent frivolous issues being litigated against small business employers recently (butter v. margarine, real blueberries v blueberry filling,…

Read More »