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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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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DOL Launches Self-Reporting Wage Error Pilot

The US Department of Labor is certainly taking a different approach to resolution of wage disputes with a new pilot program the department announced this week. DOL announced the Payroll Audit Independent Determination (PAID) program on Tuesday of this week as a vehicle that will be operated by the Wage and Hour Division to help…

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Court Strikes Down Overtime Rule

A federal court in Texas yesterday struck down the Obama-era overtime rule adopted by the Department of Labor. The rule, which more than doubled the overtime threshold from $23,660 to $47,476 was originally slated to take effect last December, but was enjoined by the court just a few days earlier. In yesterday’s decision, the court…

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House Backs Comp Time Option

As you now know, the US House yesterday afternoon passed the American Health Care Act of 2017 that repeals and replaces Obamacare, but the major media outlets will provide you with all the details on that issue. Perhaps equally important to you, it also passed the Working Families Flexibility Act of 2017 (HB1180) by a…

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Of Grad Students & Football Players

Having been tied up in court on several of their major rulings regarding business issues (joint-employer, ambush elections, etc.) the NLRB has created a parallel universe of sorts with their rulings that university graduate students along with certain football-playing student athletes (students being the operable word in both cases) are employees for purposes of the…

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Court Examines Whether Managers are Exempt from Overtime

When I was a child, I once heard my father tell a client: “If you are looking for loyalty, then you will find it in the dictionary.” Decades later this exchange still sticks with me. No matter how well we treat our employees, it takes very little for one of them to turn on us…

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Final Weeks for Comment on Overtime Rule

Concerned businesses and individuals have only until September 4, 2015 to submit comments to the Department of Labor regarding the agency’s proposed doubling of the FLSA overtime threshold.  Public comments on the proposed change are welcomed during a 60 day window from the time the proposed regulation was published in the Federal Register.  That window…

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DOL Signals Increased Enforcement

US Secretary of Labor Thomas Perez testified before Congress a week ago on the DOL budget request and in so doing, gave an impression that there will be increased enforcement by his department on perceived wage and hour violations.  Aside from minimum wage issues, the Obama administration is increasing their focus on overtime pay.  During…

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