Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
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.
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.