It is far likelier that the general managers association would advocate for “best practices” to be taken during internal investigations, or seek to adopt standardized contract provisions to help provide additional “process” for general managers accused of misconduct. We help franchisees level the playing field against franchisors in disputes, providing an affordable key to the courthouse when necessary. Individual franchisees own the stores, but pay franchise fees to the company and are required to use its business model and operating procedures. 7-Eleven, which was filed by five 7-Eleven franchise owners, is whether the Massachusetts law that distinguishes between an independent contractor and an employee applies to franchisees. While Liss-Riordan says she is focused on the specific circumstances of franchisees at 7-Eleven, franchising companies say the case could have broad implications. The International Franchise Association says businesses as diverse as restaurants, hotels, automotive service centers, gyms, hair salons, and landscaping businesses could become reluctant to expand in Massachusetts if the independent contractor law applied to them. Th is con te nt was generated with GSA C ontent Generator Demoversion!
Manning Fulton’s lawyers maintain their broad knowledge in franchising and distribution law through their membership and participation in both the International Franchise Association and the American Bar Association Forum on Franchising. The terms “association” and “concerted action” undoubtedly bring to mind the specter of labor unions – especially in each of the North American major league sports, where payers’ associations yield considerable power. In fact, the only notable example of a coaches’ association taking a position counter to its league came in a 2011 amicus brief filed by the NFL Coaches Association in support of the NFL Players Association during the league-instituted lockout. Whether or how a general managers association could assert any weight in such a situation remains unseen, but it is certainly something that should be on every team’s and league’s radar, regardless of your sport. What do franchise owners and leagues need to know about these concerted efforts and how would any such association limit a team’s ability to respond to misconduct allegations in the future?
According to some reports, there was concern that the team may have had “buyer’s remorse” over a recent three-year contract extension awarded to Olshey given the team’s mediocre on-court performance and decreased revenues related to the COVID-19 pandemic. QUESTIONS ABOUT how to classify workers have been lingering for years over industries as diverse as ride-hailing and construction. Contact our Minneapolis law firm for guidance with any franchise law questions. You can get even more helpful tips by subscribing to my free VIP Franchise Newsletter. With their kind of advice and suggestions, franchises can always have a better side. The plaintiffs say the test, which limits the amount of control an employer can maintain over an independent contractor, should apply to franchises. In fact, I just lately googled and located over thirteen million websites for the keyword “affiliate programs.” Some of those programs are offering a product that you simply acquire after which you sell on the internet. There are many different types of affiliate programs. Instead, individual franchise owners (or the league itself) are under no obligation to bargain with any such general managers association or any other group of executives. Though it is unclear at this point what effect, if any, a general managers association may have on team or league operations, it should be noted, that similar associations exist for both head- and assistant coaches in the NBA, NFL, and NHL.
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Those organizations have existed for decades in some instances, with very little, if any, negative interactions with their respective leagues. But it appears that the NBA’s general managers may want to push back on the scrutiny that is sure to be directed at sports organizations across the country, with reports of the formation of an NBA “General Managers Association” to pool resources, provide legal defense funds, and facilitate access to attorneys and public relations consultants. At the time the investigation was pending, news of the nascent NBA General Managers Association was reported by ESPN and other sports media outlets. While the investigation was pending, rumors swirled that the investigation was aimed at uncovering a reason to terminate Olshey for “cause” under his contract rather than addressing serious workplace misconduct. As any employer would do, the Trailblazers took the allegations seriously and even engaged outside counsel to lead its investigation. The idea that a team could decide to terminate a general manager for one or more basketball-related reasons but simultaneously pursue misconduct allegations with the hopes of finding a reason to terminate the general manager for cause gave executives pause.