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Log In / Register | Jul 20, 2017

David Weil Isn't Winning, Franchisors Are Losing

The franchise industry is on the verge of losing a battle regarding employer liability, as old arguments fail to address new opponents.

Fifth Circuit Blocks Franchisee Employee's Effort to Treat Franchisor as His "Employer" under the FLSA

The Fifth Circuit Court of Appeal recently held in Orozco v. Plackis that a franchisor was not liable to a franchisee employee for alleged minimum wage and overtime violations because the franchisor was not an "employer" under the Fair Labor Standards Act ("FLSA").

Bareburger Franchise Hit With FLSA Suit Again

Bareburger has been in business less than 5 years, and now has its 2nd lawsuit in 2 years for wage theft. For this franchise, employee lawsuits may simply be a cost of doing business.

Micromanagement of Strippers Leads to Liability

First song, dress on; second song, dress off. That was too specific for a federal judge.

9th Circuit Overturns Choice-Of-Law

Choice-of-law provisions may be void as a matter of public policy when determining if someone is an independent contractor or employee, says the Ninth Circuit.

Hospitality Industry Employers Pay for Tip Violations

On September 14, 2011, the United States Court of Appeals for the Fifth Circuit upheld a $1.8 million jury verdict for 55 waiters at a Chili’s Grill and Bar.  The waiters alleged they were compelled by their employer to participate in an illegal tip pooling arrangement.