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 »

Navigating Class Action Lawsuits

From Butter v. Margarine to Blueberry Filling to Wage & Hour With the rapid proliferation of class action lawsuits against small business men and women around the country, it becomes that much more imperative for the franchise owner community to be totally prepared to respond quickly and correctly upon first learning of a possible lawsuit…

Read More »

DDIFO National Conference

We are very excited about a number of the speakers we have confirmed for the 2018 DDIFO National Conference, being held June 11 & 12 at Harrahs New Orleans Hotel & Casino in New Orleans, Louisiana! We will be announcing the complete program agenda within the next few weeks and it is a great lineup…

Read More »

Butter/Margarine Class Action Suits

We are aware that numerous Massachusetts Dunkin’ Donuts franchisees have had filed against them civil class action lawsuits involving the alleged use of margarine or other butter substitutes.  We further understand that the lawsuits allege Massachusetts franchisees placed margarine or another butter substitute on customers’ baked products when the customer specifically asked for “butter”. We…

Read More »

Miscellaneous

Two different court actions are notable this week as shopping center giant Simon Property Group filed a lawsuit against Starbucks over the company’s decision to close all 379 of its Teavana stores. According to the court action, 78 of those stores are in Simon malls and would constitute breach of their leases if the company…

Read More »