Can the Franchisor Set Prices on Your Menu? It Depends…

As franchisee lawyers, franchisees often ask us about a franchisor’s right to set franchisees’ prices.  Most franchisees assume they can set their own pricing, and many claim it is an antitrust violation for a franchisor to set their prices. Unfortunately, that is not generally the case, and the answer is a bit more complicated. With…

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Policies You Should Include in Your Employee Handbooks

For franchisees and business owners, the labor and employment world has become increasingly complex, and is constantly changing. Not only must employers be aware of updates to federal labor and employment laws, they must also be aware of their obligations under state and local laws. To stay current with the ever-changing legal landscape, we recommend…

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The Agony or the Ecstasy?

We began work with Dunkin’ franchisees over 30 years ago. We have grown up together. Our community of achievers has reaped the personal and professional rewards from hard work, dedication to growth, attention to detail and clear intent. But pressure from regulatory changes and higher operating costs have weighed on the entire community. Beyond labor…

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Vaccine Litigation: Where We’ve Been and Where We Are Going

As most of you know, on Nov. 4, federal workplace safety officials released a mandate-or-test workplace vaccine emergency rule. The Emergency Temporary Standard (ETS) developed by the Occupational Safety and Health Administration (OSHA) would require all covered employers with 100 or more employees to either mandate employees be fully vaccinated against Covid-19 or require employees…

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Changes in Labor Law Continue Under the Pro-Worker Biden Administration

President Biden has delivered on the promise he made during his presidential campaign for more employment protections for workers. This presidential transition has brought about significant changes to the composition and leadership of federal agencies, including the National Labor Relations Board (NLRB) and the Department of Labor (DOL). The NLRB now consists of a Democratic…

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Continued Uncertainty Surrounds the Joint Employer Rule

At the end of July 2021, the U.S. Department of Labor (DOL) implemented a final rule to rescind the “Joint Employer Status under the Fair Labor Standards Act,” also known as the Joint Employer Rule, which first published in January 2020 under the Trump administration. This action should come as no surprise if you are…

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Post-Pandemic Requirements for Buying and Selling Franchised Businesses

The coronavirus pandemic has had a profound impact on the restaurant industry. By the beginning of Q4 2020, more than 1.4 million jobs in franchised businesses were lost and more than 32,000 franchised businesses had closed. Now, with states opening up and a gradual return to business as usual, we are cautiously approaching the light…

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What Employers Should Know About Biden’s New Mission For The NLRB

Once elected, President Joe Biden made it clear he would make swift and sweeping changes at the National Labor Relations Board (NLRB) in order to advance his pro-worker agenda. Soon after promising to be “the strongest labor president you have ever had,” Biden fired General Counsel Peter Robb along with Robb’s deputy. He has since…

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DDIFO Joins Other Franchise Associations in Legal Challenge of California’s AB-5 Law

Last year roughly 653,000 businesses left California for greener and more business-friendly pastures. More recently, California voters soundly rejected the Proposition 22 ballot initiative, which would have classified app-based drivers as employees instead of independent contractors. This was a direct response to the hotly contested state law known as AB-5, which attempts to codify the…

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COVID-19 Lawsuits on the Rise: 5 Steps To Minimize the Risks

The COVID-19 pandemic has brought small business numerous challenges. We can now add another to the list: Employees filing increasing numbers of COVID-19 related lawsuits. In fact, according to the Fisher Phillips Employment Litigation Tracker, as of November 1, COVID-19 related lawsuits have been filed against 950 employers. The highest number of lawsuits were filed…

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