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Court of Appeal Limits Applicability of the ABC Test
by Sue M. Bendavid & Nicholas Kanter In Dynamex, the California Supreme Court decided to adopt an “ABC” test to determine whether workers are properly classified as independent contractors. This raised a number of questions
FAA and NLRA: Can’t We All Just Get Along?
Employment Defense by Tal Burnovski Yeyni 818-907-3224 On Monday, the U.S. Supreme Court issued a long-awaited decision confirming the enforceability of class action waivers in employment arbitration agreements. The background: As previously written, in 2016
Dear Boss: I’m sick. Please Don’t Pay Me. Sincerely…
Employment Compliance by Tal Burnovski Yeyni 818-907-3224 This may not be the best time of year to talk about sick leave. The days are longer. The sun is shining. The weather is hotter. And, workplaces…
Court’s Prop 65 Ruling a Great “Brewhaha” for Coffee Retailers
In 2010, a nonprofit group called The Council for Education and Research on Toxics (CERT) brought a lawsuit against 91 commercial coffee roasters, retailers and distributors. CERT claimed the defendants failed to provide warnings regarding
Franchise 101: Pain at the Pump; and Pizza Franchisor Gets Burned
bkurtz@lewitthackman.com tgrinblat@lewitthackman.com msoroky@lewitthackman.com kwallman@lewitthackman.com May 2018 International Franchise Association’s Legal Symposium Barry Kurtz, Tal Grinblat and David Gurnick attended the 51st Annual IFA Legal Symposium this month. The symposium addresses current laws, regulations and
Independent Contractor vs. Employee: Our Supreme Court Speaks Again
by Sue M. Bendavid & Nicholas Kanter On April 30, 2018, the California Supreme Court handed down a ruling that may significantly impact the decision on classifying workers as “employees” or “independent contractors.” To the
Franchise 101: Future Royalties & Beyond; and a Sweet Non-Compete
bkurtz@lewitthackman.com tgrinblat@lewitthackman.com msoroky@lewitthackman.com kwallman@lewitthackman.com April 2018 Tal Grinblat in Franchise Times Congratulations to Tal Grinblat named a Legal Eagle by the Franchise Times for the fifth, consecutive year. In addition to this designation, Tal is
Franchise 101: Liability as Certain as Death & Taxes; and To First Refuse, or Not to Refuse
bkurtz@lewitthackman.com tgrinblat@lewitthackman.com msoroky@lewitthackman.com kwallman@lewitthackman.com FRANCHISOR 101: Liability as Certain as Death & Taxes Structuring a franchise to reduce risk of joint employment and vicarious liability means limiting a franchisor’s control over franchisees. This is a
Waste Water Discharge & Disposal: 9th Circuit Clarifies Permit Obligations
Call this one a case of misdirection, but an Appellate Opinion seems to simplify matters. If anything having to do with environmental law can be considered simple. In Hawaii Wildlife Fund, et al., v. County
Franchise 101: Finger Lickin’ Restrictions; and Til Expiration Do Us Part
bkurtz@lewitthackman.com tgrinblat@lewitthackman.com msoroky@lewitthackman.com kwallman@lewitthackman.com FEBRUARY 2018 IFA 2018 Convention Barry Kurtz, Tal Grinblat and Matthew J. Soroky all attended the 2018 International Franchise Association’s annual convention in Phoenix earlier this month. The convention is geared