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Franchisor as Co-Employer Continues to Emerge as Major Issue
During a period when state legislatures wrestle with the issue of when a franchisor is the employer or co-employer of employees of an individual franchisee, lawsuits continue to arise addressing the same complicated issue.
“The motives behind these efforts are rather clear. From the perspective of franchisee employees, adding a 'deep pocket' as a defendant in their Fair Labor Standards Act (FLSA) actions only expands their possibility of recovery for claims of improper employment classification, unpaid overtime and other wage-and-hour violations, especially if the subject franchisee is bankrupt,” commented David J. Kaufmann, senior partner of Kaufmann Gildin & Robbins, in an article in the New York Law Journal.
Kaufmann pointed to Cano v. DPNY d/b/a Domino's Pizza, 287 F.R.D. 251 (S.D.N.Y. 2012), as a recent example. In this case, current and former employees of Domino's franchisees commenced an action against their franchisee-employers to seek damages and injunctive relief under the FLSA and the New York Labor Law. The employees then moved for leave to file an amended complaint naming the franchisor as additional “joint employers” (Domino's Pizza, Inc., Domino's Pizza LLC and Domino's Pizza Franchising LLC, collectively “Domino's”). The motion was granted.
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.