They note that non-traditional work arrangements are the fastest growing sector of jobs in America, and laws need to ensure employers are held accountable for paying appropriate wages. Kaufmann Gildin’s extraordinary abilities in the field of franchising are perhaps best reflected by the firm’s treasured clients, which place their trust and confidence in Kaufmann Gildin when confronting significant opportunities, issues, crises or simply the need for everyday legal counsel and support. In our experience, it is generally best to wait on the decision to hire a franchise attorney until after you have worked with a franchise consultant to determine the feasibility of a particular franchise. Atlanta Franchise Today is dedicated to bringing entrepreneurs and business owners the best practices and tips for their franchise goals. Contact us today for a free consultation or to arrange a time to come to our downtown offices in Salt Lake City. Welcome to another episode of Atlanta Franchise Today with host Leslie Kuban, expert franchise consultant and owner of FranNet Atlanta. Nancy is an expert in addressing the legal aspects and concerns of retail leases and franchising. And I was in charge of the 500 corporate leases around the country, so that’s how I got involved both in franchising and in the commercial lease as a tenant attorney.
As part of our Corporate and Commercial practice, we provide franchising & franchise agreement services. So, there’s a lot to commercial leases, and there’s multiple parties involved. I mean, we did some brainstorming together on it So, I understand where the franchisor is coming from. Whether automotive, healthcare, retail, hospitality, or any other type of franchise, our expertise can help guide you through all the various aspects of owning and operating a franchise – from reviewing the initial contract with the franchisor to ensuring your interests are protected to dealing with any disputes that arise during the course of daily operations. Participated in liability allocation mediations and represented one of the nation’s largest oil companies in connection with defense of property damage, stigma and pollution liability claims related to historic operations of gasoline service stations. Attorneys for the US Chamber of Commerce and the National Federal of Independent Business argue that one of the benefits of a franchise model is franchisees have ownership over their business. 7-Eleven warns in its court brief that if a franchisor cannot charge fees, the entire franchising model would fall apart.
7-Eleven argues, and a US District Court judge agreed, that the ABC test does not apply to the franchise relationship, since the test conflicts with a federal rule governing franchises. All of the legal intricacies of owning a business – taxes, regulations, real estate transactions, employment issues, etc. – are magnified by the franchise relationship and the state and federal laws and regulations governing it. It would make the parent company subject to state wage and hour laws – including paying overtime, offering sick leave, and paying for unemployment insurance for the franchisee and their employees. If a franchisee is an employee, it could be illegal for them to have to pay franchise fees out of their wages, which the plaintiffs argue is equivalent to paying for a job. Have proven track record of having helped many franchisers to be successful in expanding their business. Liss-Riordan is no novice to these issues, having built her career around challenging industries on workers’ rights issues, especially employee misclassification. Some CPAs and tax attorneys function about the online and many are a much less costly alternative to having the most effective skilled aid there is.
Healey submitted a brief in favor of the plaintiffs, arguing that to say the independent contractor law does not apply to franchisees “would only aid unscrupulous employers’ efforts to avoid their obligations” by misclassifying workers. But if it were me, and I will say it in that term. That real estate department will have somebody who will get involved in every step of the lease, all along, from start to finish, in helping with everything, and which is great. Franchise Disputes: We have represented clients in courtrooms, arbitration, and mediation forums so they can resolve their franchise disputes. Our franchise team includes more Certified Franchise Executives than any other law firm in the Carolinas. The advantages of working with a franchise attorney who also has a litigation practice are that they can represent you, if needed, in a lawsuit, and they may be more focused on preventing litigation in the drafting process. Working with franchise consultants who can often be invaluable for franchisors. As a trained professional who works with franchise law every day, a franchise lawyer knows the questions to ask, the pitfalls to avoid, and the specific ways to read and understand the document. Artic le has been created with the help of GSA C onte nt Gen erator DE MO .