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Court Watch
Appellate Court Finds Franchisor is not Employer For FLSA Purposes
The rapidly-increasing trend to try to access the perceived deep pockets of franchisors for employment-related claims against their franchisees suffered a setback in the case of Orozco v. Plackis, Bus. Franchise Guide (CCH) '15,316 (U.S. Ct. of Appeals, 5th Cir., July 3, 2014). Plackis was the owner of the corporation that was the franchisor of Craig O's Pizza and Pasteria shops. Orozco was a cook at a location owned by a franchisee corporation formed by Sandra and Arnold Entjer. After Orozco's wages were reduced by the Entjers in an effort to stem the decreasing profitability of their restaurant, Orozco resigned and brought an action against the Entjers for violation of the Fair Labor Standards Act (FLSA) alleging failure to pay overtime and the required minimum wage. After settling with the Entjers, Orozco added Plackis as a defendant claiming that he was also legally an employer of Orozco under the FLSA. The FLSA defines an employer as “any person acting directly or indirectly in the interest of an employer in relation to an employee.” 28 U.S.C. '203(d). Plackis was named personally since, if a person is found to have operating control over employees within a company, he or she can be personally liable for the FLSA violations of the company ' even, apparently, if he is not an owner of the offending entity.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Protecting Innovation in the Cyber World from Patent Trolls
With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.