Breaking: Legislators Make 11th ...
The Earned Sick Time Act (“ESTA”) was set to go into effect at midnight, February 21. In a last-minute legislative compromise, the House...
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We are involved in our communities, our profession, and our clients' associations and activities.
Having just completed the renewals for our franchise clients, we spent a lot of time talking with clients about the “joint employer” issue percolating through the National Labor Relations Board. Most of the revisions to franchise documents this year dealt with the issue of joint employer liability. For review, the NLRB is currently processing some cases that consider whether a franchisor exerts so much control over a franchisee’s business that the franchisor is the “joint employer” of the franchisee’s employees, liable for all aspects of the employer-employee relationship.
Generally, our review of franchise documents focused on clarifying the level of control a franchisor has over the franchisee’s operations, making sure that the franchisor’s control is directly related to the protection of the brand and clarifying to all of the roles of the various parties. Here are some examples:
We also discussed several operational issues to further clarify the precise relationship between the parties, such as:
The current controversy at the NLRB focused a discussion on good business practices in the franchise industry.
The Earned Sick Time Act (“ESTA”) was set to go into effect at midnight, February 21. In a last-minute legislative compromise, the House...
Read MoreA new mandatory paid sick time law will go into effect for all Michigan employers soon. After a lengthy legal battle, the Michigan Supreme C...
Read MoreGenerally, yes. The Township needs to consider implications from the Incompatible Public Offices Act, MCL 15.181 et seq. Generally, a public...
Read MoreAt Fahey Schultz Burzych Rhodes PLC, we’ve been helping municipalities, franchised businesses, employers, and more with their legal needs since 2008. We’d love to learn how we can help you, too.