News & Analysis as of

Franchises Biden Administration

Morrison & Foerster LLP

FTC Issues Final Rule Banning Non-Competes

On April 23, 2024, the Federal Trade Commission (the “Commission”) voted to issue its final rule (the “Final Rule”) barring non-competes for most workers in the United States, with exceptions for non-competes entered into in...more

Troutman Pepper

FTC Seeks Public Comment on Potential Franchise Rule

Troutman Pepper on

The Federal Trade Commission (FTC) made another move to protect two of the Biden administration’s priority constituencies: small business and workers. This time, it targeted perceived unreasonable restraints in the franchise...more

AEON Law

Patent Poetry: Is this the end of the employee non-compete?

AEON Law on

On January 5, the Federal Trade Commission (FTC) issued a Notice of Proposed Rulemaking (NPRM) that seeks to severely limit the scope of employee non-competes. This would bring federal law into alignment with the laws of...more

Benesch

Democrat-led NLRB Eyes New Independent Contractor and Joint Employer Tests

Benesch on

The Democrat-majority National Labor Relations Board readied for 2022 by announcing plans to confront two President Trump-era legal tests - one that determines whether an independent contractor is actually an employee...more

Stark & Stark

Employers, the Coronavirus, and the Reinstatement of the OSHA ETS: What Now?

Stark & Stark on

On November 5, 2021, the Occupational Safety and Health Administration (OSHA) issued its Emergency Temporary Standard (ETS), requiring private employers having at least 100 employees companywide (at any given time) to adopt...more

Polsinelli

Franchise Issues Arising Out of the Upcoming Employer Mandates of COVID-19 Vaccinations

Polsinelli on

On September 9, 2021, President Biden announced through a COVID-19 Action Plan that his administration is requiring many employers to mandate their employees be vaccinated against COVID-19. The announcement covered federal...more

Burr & Forman

Corporate E-Note - August 2021

Burr & Forman on

Department of State Extends Validity of National Interest Exceptions to Regional COVID-19 Travel Restrictions - On July 6, 2021, the Department of State updated its National Interest Exception (NIE) guidelines. Going...more

Manatt, Phelps & Phillips, LLP

DOL Rescinds Joint Employer Rule

The Department of Labor (DOL) announced that it will officially rescind the joint employer rule promulgated by the Trump administration, effective September 28. Following the publication of a Notice of Proposed Rulemaking...more

Roetzel & Andress

Department Of Labor Seeks To Rescind The Trump Administration’s Joint-Employer Rule

Roetzel & Andress on

The Department of Labor (DOL) has issued a proposed rule to rescind a Trump administration joint-employer rule. The joint-employer rule attempted to treat companies, like McDonald’s and FedEx, as joint employers of franchise...more

Fox Rothschild LLP

WHIPLASH! A Stunningly Fast Reversal Of Labor Policies

Fox Rothschild LLP on

It was predictable – even inevitable – that the Biden administration would reverse much of Trump’s labor oeuvre. But no one could have predicted how quickly! In a little more than a month, the administration has:...more

Lathrop GPM

The Franchise Memorandum - Issue # 262

Lathrop GPM on

California Supreme Court Applies Independent Contractor Standard Retroactively; Does Not Reach Applicability to Franchises - The California Supreme Court has held that its Dynamex decision applies retroactively, answering...more

Fox Rothschild LLP

Franchising On The Precipice: Unknowns In Transition

Fox Rothschild LLP on

Change is coming, but will it be a welcome change or a harbinger of woe? Over the last 8 years or so, the ever-changing landscape of employment laws has arguably posed an existential threat to franchising. The franchise...more

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