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Postnet International Corporation v. Wu: Colorado District Court Enforces Colorado Forum Selection Clause for California Franchisee

Feb 19, 2021Legal AlertsCalifornia, CFIL, Federal Law, Forum Selection Clause, Jurisdiction, Preemption

Executive Summary: In a published decision, Judge Domenico of the United States District Court for the District of Colorado ruled against a franchisee’s motion to dismiss where the franchisee challenged the validity of a Colorado forum selection clause. Citation: Postnet International Franchise Corporation v. Wu, 521 F.Supp.3d 1087 (D. Col. 2021). Relevant Background: PostNet International Franchise Corporation (“Franchisor”) maintains its […]

Department of Labor Introduces Proposed Rulemaking on Joint Employer Status Under FLSA Date

Apr 1, 2019Statute TrackingDepartment of Labor, Employment Law, Federal Law, Joint Employer

Executive Summary The Department of Labor (“DOL”) submitted a notice of proposed rulemaking that would rollback the determination of joint employer status under the Fair Labor Standards Act (“FLSA”) to pre-Obama standards. In doing so, the DOL specifically recognized and addressed concerns raised by the franchise industry. Analysis On April 1, 2019, the DOL submitted a notice of proposed rulemaking […]

NLRB’s Ruling on Independent Contractor Status and Implications for Labor Relations and the Franchise Industry

Jan 25, 2019Legal AlertsFederal Law, Labor Law, NLRB

Executive Summary “On review from a decision by the Acting Regional Director, the National Labor Relations Board issued an order that considered whether franchisees who operated shared-ride vans for SuperShuttle were employees covered under the National Labor Relations Act. Overruling precedent set by the Board in a case involving FedEx in 2014, the Board found that the shared ride drivers were independent […]