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July 22, 2019 | Legal News

Dynamex Update

Ninth Circuit withdraws opinion in Jan-Pro that found Dynamex test for employment status should be applied retroactively. 

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June 27, 2019 | Legal News

California Leads the Way to Strong Privacy Protections for Consumers

Individuals are increasingly expecting strong protection over their privacy rights. In the United States, California has taken the lead by passing legislation improving personal data control and protection. Who is affected and how?

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February 01, 2019 | Legal News

Trends Emerge from Agreements to Discontinue “No-Poaching” Provisions

The Washington State Attorney General’s office has issued a press release describing the timeline on which prominent franchisors have entered into Agreements to Discontinue the use of “no-poaching” provisions in the franchise agreement.

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January 11, 2019 | Legal News

Supreme Court says Questions of Arbitrability will be Determined by Contract

The U.S. Supreme Court reinforces that the contract language is key in determining whether a dispute falls into the scope of an arbitration provision. Do your arbitration provisions measure up?

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September 18, 2018 | Legal News

New Proposed Rule for Joint-Employer Liability

The NLRB issued a proposed rule that limits the scope of joint employment to cases where the franchisor has “substantial direct and immediate control” over the employees’ essential terms and conditions of employment. If this proposal is approved, it would unwind the stricter controls introduced in Browning-Ferris.

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August 09, 2018 | Legal News

11th Circuit Allows ADA Claims based on Franchisor Website

Visually impaired persons are filing lawsuits claiming that the failure of companies to make their websites compatible with screen reading software violates the ADA and similar state laws. The 11th Circuit recently reversed a dismissal of such a case against a franchisor, allowing it to proceed to district court.

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August 03, 2018 | Legal News

Legislators and Employees target “No-Poaching” Provisions in Franchise Agreements

The FTC recently announced its intention to scrutinize no-poaching provisions in contracts, including franchise agreement provisions that prohibit franchisees from soliciting each others employees. A new wave of litigation and legislative actions are poised to address this issue.

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January 26, 2017 | Legal News

Shifting Landscape: Labor and Employment Matters to Watch in 2017

Read the latest issue of the Cheng Cohen Alert to learn more about labor and employment matters to watch in 2017.

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November 23, 2016 | Legal News

New Overtime Regulations Blocked By Texas Federal Court

Read the latest issue of the Cheng Cohen Alert to learn more about the Texas federal court’s nationwide injunction blocking the U.S. Department of Labor (DOL) from implementing its new overtime regulations.

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