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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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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With fall upon us, employers should prepare for renewed requests for COVID-related paid leave due to school/childcare responsibilities. Many schools are re-opening as, or switching to, a remote curriculum or a hybrid model, mixing both remote and in-person learning. The result will leave parents scrambling to balance work and childcare needs and employers uncertain about…
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The rules related to obtaining a Paycheck Protection Program (PPP) loan and receiving forgiveness of that loan are changing constantly. As a result, it is likely that by the time this article is published in July, the rules and guidance will have changed significantly. With that in mind, rather than attempt to guess what the…
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Covid-19 has thrown our way of living into treacherous and unchartered waters. We recognize that the impact to your business and your family is severe and broad. Through no fault of your own, you could be facing dire financial circumstances. The pain inflicted on businesses is as widespread as it is deep. It is critical…
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In response to the recent coronavirus outbreak, employers everywhere are striving to limit the risk of exposure in the workplace. That means implementing workplace precautions, ensuring that sick leave policies and practices are effectively communicated to employees and familiarizing yourself with state and federal laws. On January 30, 2020, the World Health Organization declared the…
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The original federal Franchise Rule was issued by the United States Federal Trade Commission (FTC) in 1979 and since that time has been amended and updated only once in a revised rule that became effective in 2008. The Franchise Rule requires that any prospective franchisee, including the purchaser of an existing franchise unit or an…
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The workplace is supposed to be a safe environment to better allow employees to maximize their productivity and their work experience. Surely, one thing that helps motivate employees is how comfortable they are in the workplace or in their working environment. To that end, many employers implement policies to address drug and alcohol use, which,…
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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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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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