It’s Baaaaack!!!

Although it should come as a surprise to nobody involved in the franchise business model, the National Labor Relations Board (NLRB) is resurrecting the Obama-era joint employer standard that caused much angst within the industry. The agency has issued a notice of proposed rulemaking, published in the Federal Register on Wednesday of this week, that…

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Proposed SOP Would Close Loophole

The North American Securities Administrators Association (“NASAA”) this week issued an important proposed statement of policy (“SOP”) for public comment to close a fine print technique used by franchisors to insulate them from liability under some state franchise disclosure laws. The SOP deals with and would stop the proliferation of acknowledgements and questionnaires used by…

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OSHA Extends Vaccine Comment Period

Although the President’s Emergency Temporary Standard (ETS) for a national vaccine mandate for employers with 100 or more workers has been put on hold by the federal courts, the administration is proceeding under the assumption that it will ultimately be upheld and implemented. Earlier this week, the Occupational Safety and Health Administration (OSHA), the agency…

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Comments on FTC Franchise Rule Due Thursday

The Federal Trade Commission (FTC) is currently undertaking a formal review of the Franchise Rule, which you may recall, requires franchisors to publish a Franchise Disclosure Document (FDD) designed to provide material information to assist prospective franchisees in their decision whether or not to purchase the franchise. In its review, the FTC is looking at…

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Federal Comment Periods Extended Again

Two federal agencies this week again extended the public comment period on pending regulations. The comment period on the proposed DOL amended tip-pooling rule, which was scheduled to end this past Monday was extended by the Wage and Hour Division due to an outage on the federal website, www.Regulations.gov. After the outage was resolved, the…

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NLRB Asks When Labor Law Protection Stops

In late breaking news yesterday, the National Labor Relations Board has asked for public input on the question of if or when an offensive and/or profane outbursts by an employee become so egregious that the employee loses the protection of the National Labor Relations Act. By a familiar vote of 3-1, the Board invited amicus…

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Joint Employer Comment Period Open

The proposed DOL regulation on joint employer was officially published in the Federal Register on Tuesday of this week, triggering the start of the 60-day public comment period. The proposed joint employer regulation uses a four-part test to determine when a business should be held jointly libel for minimum wage and overtime law violations. Specifically,…

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FTC Seeks Comments on Franchise Rule

As we’ve reported to you in the past, the Federal Trade Commission (FTC) is seeking public comment on whether to make changes to the Franchise Rule as part of its systematic review of all FTC rules. The public comment period is currently open through May 13, 2019 so please get your comments in soon. Recall…

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Overtime Comments Welcome

As we advised a few weeks ago, the Department of Labor has published its proposed new regulation on the overtime threshold, increasing the amount below which all employees must be eligible for overtime pay. DOL has proposed that the threshold salary be set at $35,308 and publication of the rule in the Federal Register (March…

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Franchise Rule Under Review

The Federal Trade Commission (FTC) issued a notice this week regarding changes to 16 CFR Part 436, Disclosure Requirements and Prohibition Concerning Franchising, more commonly referred to as the Franchise Rule. The notice advises that the FTC is seeking comment from the public on whether to make any changes to the Franchise Rule while the…

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