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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.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.