Back to School Means More Paid Leave for Employees

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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PPP: Remember to Keep Your Supporting Documentation

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: The Legal Side of Business Interruption Issues

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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Coronavirus and its Impact on Employers

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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Why Changes are Needed in the Franchise Disclosure Rule

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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Barbary Coast

Marijuana in the Workplace

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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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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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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Dunkin’ and the No-Poach Clause

Many franchisors utilize so-called “no-poach” clauses in their franchise agreements, and such clauses may be structured in a way that limits a franchisee’s ability to hire employees of other, same-brand franchisees and/or employees of the franchisor. Recently, a group of state attorneys general and prominent legislators began pressing franchisors to cease use of so-called “no-poach”…

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Misclassifying Employees Can Be a Costly Mistake

In this day and age, most employers have considered the possibility of wage-hour liability. Savvy employers understand that wage-hour liability comes in many different forms, and two of the most talked about have been “misclassification” and unpaid overtime. Misclassification can occur in one of two ways: either the employer classifies a worker as an independent…

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