Introduction The Kingdom of Spain is a democratic parliamentary monarchy, a member of the European Union and a signatory to the Schengen Area Agreement. Spain is also part of most international organizations and a signatory to most international treaties and conventions. Spanish territory is administratively divided in 17 autonomous communities (regions) including two autonomous cities in Northern Africa (the cities of Ceuta and Melilla). According to the 1978 Spanish Constitution and the respective Autonomic Statutes,…

Quarles & Brady’s Labor & Employment Practice recently presented a webinar on, “Developments at the National Labor Relations Board and Their Impact on Employers and Franchisors.”  Judi Williams-Killackey, Chris Nickels and Steve Kruzel reviewed the recent General Counsel memo and recent decisions from the NLRB, including those relating to its joint employer standard, workplace policies and employee handbook rules, micro-unit bargaining rules, and an employer’s ability to implement unilateral changes. Unable to attend? Click…

SB 750, the deceptively titled “Protect Florida Small Business Act,” appears to have met its demise.  Although it passed the Senate Committee on Regulated Industries by a vote of 7–2, the bill will be not be scheduled for a hearing by the Senate Judiciary Committee. This marks the end of SB 750’s journey in the 2017 Florida legislative session. SB 750 drew sharp criticism from franchisors and franchisees alike for its expansive and invasive regulation…

A bill introduced this month in the Florida Legislature threatens to fundamentally shift the balance of franchise relationships in the Sunshine State. SB 750, deceptively titled “Protect Florida Small Business Act,” represents the most expansive, invasive and burdensome franchise relationship law ever proposed in the United States, if not the world. Although it contains numerous provisions harmful to franchisors, franchisees and the public alike, the Act overwhelmingly subverts a franchisor’s ability to protect its brand…

McDonald’s Corp. recently agreed to pay $3.75 million to settle a lawsuit filed by workers of one of its franchisees. Stop the presses! Isn’t that the opposite of what McDonald’s should be doing?  Isn’t McDonald’s a leading player in fighting the idea that it is a joint employer of franchisee’s workers? Let’s back up a moment. In 2014, employees of a California McDonald’s franchise sued both the franchisee and McDonald’s Corp. for labor violations alleging…

On March 2, 2016, Wisconsin Senate Bill 422 was signed into law. This bill clarifies that a franchisor is not the employer of a franchisee’s employees under several areas of Wisconsin law:  unemployment insurance, worker’s compensation, Wisconsin’s wage and hour laws and Wisconsin’s fair employment laws. Employer liability will attach to a franchisor as it relates to franchisee’s employees only where: The franchisor has agreed in writing to assume that role; or The franchisor has…

The Department of Labor (“DOL”) has weighed in on the joint employer issue, releasing an Administrator’s Interpretation (“AI”) setting forth the DOL’s position as it relates to joint employment under the Fair Labor Standards Act (“FLSA”) and the Migrant and Seasonal Agricultural Worker Protection Act. The joint employment concept under the FLSA is not new and the AI does not explicitly target franchising relationships, but it is important for franchisors to continue to review their…