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Log In / Register | Jul 23, 2017
Legal news that affect small businesses and franchises, or legal advice for franchise owners

Auto Dealer Wins Proposed Judgment of Treble Damages in Suit against Deceitful Exporters

A Huntington Beach, California Chrysler-Dodge-Jeep-Ram dealer was duped through an intricate setup into selling 117 Ram pickups to a company which then exported them to China, a violation of the dealer's franchise agreement. Dealer principal Pete Shaver took the exporter to court in a jury trial, winning a proposed judgment of treble damages, based on RICO and fraud, that was entered by a judge on November 1.

OSHA Prohibits Employers Using Drug Testing as Retaliation

The Occupational Safety and Health Administration's ("OSHA") has a new position regarding mandatory drug/alcohol testing of employees following involvement in a work-place accident.

Study: 1 Million Jobs Will Be Lost because of Fuel Economy Rules

The Obama administration's plans, which automakers agreed to, call for a doubling of the average new vehicle's fuel economy by the year 2025, bringing it up to more than 50 mpg. But according to a study, if fuel prices remain low the results will be disastrous.

Lady of America Founder Crashes Lamborghini, Killing 82-Year-Old Uber Driver

Founder of Lady of America's crashed Lamborghini (Photo: Del Ray PD)

DELRAY BEACH, Florida – The multimillionaire founder of Lady of America fitness franchise slammed his yellow Lamborghini into the SUV of an 82-year-old Uber driver Thursday, after spending the afternoon eating and drinking with his girlfriend in downtown Delray Beach.

QSR Franchisees Have High Rate of Wage Violations

The Department of Labor’s Wage and Hour Division has found that its investigations of well-known brand QSR franchisees are more likely to uncover wage violations than not.

EEOC Issues Standards for Employer Position Statements

Employers can expect some new challenges in responding to EEOC charges. With six months to go before a new administration, the White House has announced it is targeting the use of non-compete agreements, commonly used by many American employers to safeguard business interests and protect trade secrets and confidential information. 

“♫ Sign, Sign, Everywhere a Sign ♪”

The Equal Employment Opportunity Commission and the Department of Labor are singing a new tune when it comes to required postings.

Which Legal Structure Should I Use for My New Franchise?

Often the first step in starting your franchise is creating the legal entity within which your business will operate. In fact, most franchisors require franchisees to incorporate before signing a franchise agreement. Unfortunately, establishing a legal entity for your franchise can be challenging if you are a new business owner just getting started.

DOL Final Rule for FLSA White Collar Exemption

After significant delay, the U.S. Department of Labor (DOL”) announced its final rule updating the regulations applicable to white collar exemptions, which will go into effect December 1, 2016. The DOL estimates that, absent employer action, the change will entitle more than 4 million white collar workers currently classified as exempt to overtime eligibility.

White House Targets Non-Compete Agreements

Earlier this month, the White House released a report highly critical of the use of non-compete agreements by American employers, and listed what it considered the seven (7) problem areas of non-compete agreements: