New rules create a multitude of workplace and compliance challenges.  The U.S. Labor Department, together with the White House, announced long-awaited and much anticipated final changes to the Fair Labor  Standards Act’s overtime rules

An effective franchise sales compliance program enables the franchise organization to operate free from the impending threat of litigation or other disruptions that can result from a failure to properly manage the sales process. 



 

Having a robust in-house legal team allows other legal staff to focus on their strengths and larger company initiatives, and ensures that the company is not only adequately protected on important legal risks, but expertly protected.

Some of the most common FLSA violations involve overtime and misclassification. Be sure to calculate and pay overtime in accordance with federal and state law, and apply tests for exemption correctly now and when the new rules are issued.

Franchisors rightly impose requirements and system standards to assure uniformity in the franchise system and protect their trademarks.

It goes without saying that the passing of U.S. Supreme Court Justice Antonin Scalia represents a major loss of a legal titan and champion of the Constitution. It will impact this country on many levels for decades to come.

Last year’s legal developments must be confronted. As in the past, franchisors can find a way to use turn those developments into opportunities moving forward.

Recent changes in federal rules may affect franchise dispute resolution and push some systems to revise their agreements.

There has never been a more important time for franchise lawyers and business executives to work together to develop strategies to respond to the threats and risks new developments present.

The “Persuader Rule” could overturn decades of legal precedent and labor practices forcing employers to divulge their activities concerning unionization.