RECENT POSTS
Good News for Employers: No Derivative Penalties for Meal or Rest Break Violations
Any employer that has faced a wage & hour lawsuit in California knows that minor violations can quickly add up to significant liabilities. This is because a violation of one Labor Code often leads to
Franchise 101: Dickey’s Arbitration Pit; and If It Walks Like a Franchise…
Franchisor 101: Dickey’s Arbitration Pit A federal appeals court upheld a lower court’s refusal to order arbitration against a franchisee who bought an existing franchise. This was despite a provision in the franchise agreement to
Tameny Claim Strikes Out Against Employer
Employee lawsuits for wrongful termination often allege claims for violating the Fair Employment and Housing Act (FEHA) and public policy. The public policy claim, often referred to as a “Tameny” claim, is based on a
Goodbye 1099; Hello Employer Uncertainty
Last year (April 2018) the California Supreme Court rocked the boat with the seminal Dynamex decision, which created very high barriers for companies who utilize independent contractors. On September 18, 2019, Governor Gavin Newsom signed
Franchise 101: Don’t Interfere With Beer; and Over Supply of Gasoline Burns Potential Sale
Franchisor 101: Don’t Interfere With Beer The Mississippi Supreme Court ruled that a beer manufacturer’s “match and redirect” provision in an agreement with a wholesaler violated the state’s Beer Industry Fair Dealing Act (BIFDA). Anheuser-Busch’s
Franchise 101: The Proof Is in the Writing; and Party Pauper
Franchisor 101: The Proof Is in the Writing Ten years after the franchisor of the EXIT real estate system entered into a franchise agreement for a franchisee to operate an EXIT franchise in Maitland, Florida,
California Employment Law: Pros & Cons of Arbitration
by Lewitt Hackman’s Employment Practice Group As of July 11, 2019 Arbitration is a highly controversial topic in California. Just last year 20,000 Google employees walked off the job in protest of Google’s policy to
Franchise 101: Enjoined in Margaritaville; and Personal Jurisdiction over Non-Resident Principal in Massachusetts
June 2019 Franchisor 101: Enjoined in Margaritaville Eskimo Hut, a franchisor of convenience stores that sell frozen daiquiris-to-go, convinced a Texas appellate court that it would probably win on claims that South Plains, a franchisee
SCOTUS Invalidates Scandalous Restrictions on Trademarks
In a long-awaited decision, the U.S. Supreme Court invalidated a restriction on registering trademarks deemed “scandalous” or “immoral”. In the Brunetti case, the U.S. Supreme Court was asked whether the provision of the Trademark Act
Employment Defense: Closing the Pay Gap One Government Regulation at a Time
June 7, 2019 by the Employment Practice Group The discourse around equal pay has reverberated through the media and made its way to a new federal regulation that seeks to identify and address instances in