Zarco Presenting At DDIFO Florida Meeting

Renown franchise attorney Robert Zarco has confirmed as the presenter for the Orlando District meeting on February 26 at the Four Points by Sheraton Orlando Studio City Hotel.  Attorney Zarco, founding partner of Zarco Einhorn Salkowski & Brito, will be presenting on the Affordable Care Act and its ramifications for franchise owners as well as…

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Florida District Meeting

In just two weeks, DDIFO will welcome our southeast members to the Orlando District meeting on February 26 at the Four Points by Sheraton Orlando Studio City Hotel.   This program, which will focus on ramifications of the Affordable Care Act its application for Dunkin’ franchise owners.  The program will feature nationally renowned franchise attorney Robert…

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Lawsuit Effort to Expand “Joint-Employer”

We’re all following the NLRB push to include franchisors as “joint employers” so as to ease unionizing efforts, but now comes a new fight to expand that definition.  Last week, 10 former employees of a Virginia McDonald’s restaurant filed a civil rights suit alleging racial harassment and discrimination against the franchisee, but the lawsuit also…

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Massachusetts Senate Rejects Tip Pooling Amendment

Last week the Massachusetts Senate a jobs bills that aims to promote economic development.  In total, Senators filed 126 amendments to modify Senate Bill 2350. One such amendment offered by Senator Rodrigues and Senator Tarr would bring clarity to the Massachusetts tip pooling law. Amendment #76 that we offered would replace Massachusetts’ vague tip pooling…

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Fantastic Sams Franchisee Association Prohibited from Using Collective Arbitration

Fantastic Sams is the franchisor of a chain of hair salons. Fantastic Sams licenses rights to its name to regional owners who, in turn, license salon owners to operate the actual salons. In this case, Fantastic Sams brought action against a nonprofit association of regional franchise owners, seeking to stay collective arbitration for declaratory relief against franchisor’s alleged breaches of contract and violations of the Massachusetts Consumer Protection Act. The regional franchise owners’ association formed in order to promote the interests of Fantastic Sams Regional Owners, and its membership consists solely of those regional owners.

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Level Playing Field for Small Business Act of 2012 California Fair Franchising Act

On Tuesday, April 17th, the California Judiciary Committee approved AB 2305, the California Franchising Level Playing Field for Small Business Act of 2012, via a 6 to 3 vote. It now passes to the California Assembly Business, Professions and Consumer Protections Committee for a hearing on April 24. After its approval, it will then later go to the full California Assembly and later, to the State Senate for approval, and on to Gov. Jerry Brown for his approval.

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Assemblyman Huffman on California’s Fair Franchising Bill

Assemblyman Jared Huffman (D-San Rafael) speaks with Don Sniegowski from Blue MauMau about the fair franchising bill he introduced a month ago to the state of California, AB 2305, the Level Playing Field for Small Businesses Act. The bill was introduced to various committees of the assembly on Tuesday.

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California, Vermont and Massachusetts Introduce Fair Franchising Bills

It started with Rhode Island three years ago. That was supported by franchisee groups Dunkin’ Donuts Independent Franchise Owners and the Coalition of Franchise Associations. DDIFO last year helped introduce a bill in Massachusetts. That is up for vote this summer. To the industry’s surprise, the Massachusetts bill was copied over to Vermont by a franchisee. And now California has introduced assembly bill 2305, the Level Playing Field for Small Businesses Act.

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Department of Labor Restricts Employer-Directed Tip Distribution Even When Affected Employees Are Paid Above the Minimum Wage

The United States Department of Labor, Wage and Hour Division issued important new directives to its field investigators.  These directives will impact employers who employ individuals who pool gratuities.  The Wage and Hour Division’s Field Assistance Bulletin No. 2012-2 rejects the ruling of a Federal appeals court and advises field staff that the department’s 2011…

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