Our attorneys are also experienced in establishing and managing purchasing groups, cooperatives, joint ventures, strategic alliances and sales representative systems in the foodservice and retail industries. Liss-Riordan is no novice to these issues, having built her career around challenging industries on workers’ rights issues, especially employee misclassification. “They work long hours, they are paying for the privilege of managing 7-Eleven stores, they’re required to pay all the expenses of running a business,” Liss-Riordan said. And with hundreds of thousands of franchises that have been sold in the United States in the last decade, many attorneys who are not franchise specialists can claim to have franchise experience. Nancy, it’s great to have you, welcome to the show. So Nancy, for our viewers who are just getting to know you for the first time, tell us a little bit about you and your background. In each instance, our first priority is to understand the dispute – from our client’s unique perspective.
Th is po st was generated with the help of GSA C ontent Genera to r DEMO.
Included in the range of strategic services, you will find them involved in first analyzing the feasibility of the project, prepare models, planning out systems and carrying out audit. Once you get near the end of the process, the first question you have to ask yourself is whether you want to have an attorney review the franchise agreement. Our franchise attorneys handle not only mediation and arbitration proceedings, but also have litigated cases through trial and appeal in state and federal courts across the country. After the plaintiffs lost in US District Court and appealed, the US Appeals Court asked the Supreme Judicial Court to weigh in because the question involves an interpretation of state law. A US Appeals Court there ruled that its independent contractor law does apply to franchises. The plaintiffs say the test, which limits the amount of control an employer can maintain over an independent contractor, should apply to franchises.
The federal rule defines a franchisor as a company that exercises control over its franchisees, while the independent contracting law requires a contractor to be free from control. 7-Eleven warns in its court brief that if a franchisor cannot charge fees, the entire franchising model would fall apart. Charles: Both the FDD and Franchise Agreement for franchise systems do have the same sections comprised of 23 items with similar structuring to keep uniformity, including franchisor information, affiliates, litigation, and bankruptcy, to name a few. You usually do not have to trouble your friends and families for the simple reason that virtually 2 billion internet customers are having a look round for ways to be in a excellent associates program identical to yours. They’ve probably written a few FDDs, so they know exactly what to look for when they’re reviewing them for prospective franchisees. We have extensive experience representing franchisors and franchisees as well as related manufacturers, dealers, and distributors.
Unless you have a background in franchise law, these rules can be difficult to follow. Your support team will assist you with marketing, hiring staff and provide you with all the know-how needed, so you can focus on helping children become the best they can be. Shelley supplies strategic litigation support in cases involving franchise agreements or where franchise status is an issue and represents clients in mediations and before government agencies in addition to serving as a mediator of franchise disputes. Similar litigation is ongoing in California, which has an independent contractor law similar to the one in Massachusetts. Although known for their vigorous representation of clients, the members of the Franchise Law Practice Group always consider alternatives to costly litigation. 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.