Join the New York Association of Business Brokers (NYABB) and David T. Azrin from Gallet, Dreyer & Berkey, LLP for a virtual discussion of franchises. The meeting will include breakout rooms for networking and the ability to share your information with other attendees.

The battle to define the dividing line between two business models (franchisee versus employee)  continues in the courts, state legislatures, and federal agencies, as employee activists continue to press the case that certain franchise relationships actually constitute an employment relationship.

Franchisors need to be aware of the legal developments in this area.

U.S. News & World Report's Best Lawyers® has recognized Mr. Azrin as one of the top lawyers in America for franchise law in 2021.

Franchisors and state regulators have been struggling with the issue of how franchisors can continue to sell franchises in the midst of the coronavirus pandemic in a way that is not misleading, particularly if their franchise disclosure document (FDD) contains historical information from 2019 about franchisee financial performance which predates the pandemic?  This month, a Project Group of the North American Securities Administrators Association (NASAA) tried to help answer this question by issuing guidelines.

Attorneys Jay Hack and David Azrin answer questions about unemployment and small businesses on News 12

Attorneys Jay Hack and David Azrin answer questions about unemployment and small businesses on News 12

GDB attorneys joined News 12's Elizabeth Hashagen to answer questions about unemployment, small businesses, and going back to work.

Little noticed in the recently-enacted legislation which provides for sick leave to employees directly affected by the Coronavirus, described in our previous alert, New York also took the opportunity to enact legislation which will require next year that all New York employers of any size throughout the state offer mandatory sick leave to all employees for any illness or health condition. Previously, sick leave was only required in New York City and Westchester County.  

In May 2019, the association of state franchise regulators (known as the North American Securities Administrators Association, or NASAA), issued new rules, effective January 2020, which require franchisors to provide additional written warnings to people considering buying a franchise. 

The U.S. Supreme Court recently announced that employers can require employees to sign arbitration agreements in which employees agree that they will never bring a class action or collective action in court against their employer, and that they can only pursue any claims against the employer on an individualized basis in a private arbitration proceeding.   This decision is significant because it overturns prior appellate court decisions which held that requiring employees to sign such agreements violated the federal National Labor Relations Act.

Legal Update

Legal Update

GDB is proud to announce that GDB Partner, David T. Azrin, Esq. has been named a 2018 Legal Eagle by his peers and the Franchise Times magazine's editorial board.

Legal Update

In December 2017, the National Labor Relations Board (NLRB), which enforces federal union laws, reversed a 2015 ruling, called Browning-Ferris.  The Browning-Ferris ruling, discussed in our Winter 2016 newsletter, had shaken up the franchise community by expanding the definition of a “joint employer” to the point where franchisors might be held liable for the labor law violations committed by their franchisees, even if the franchisor did not control the franchisee’s employment decisions.  The December 2017 decision, called Hy-Brand Industrial Contractors, issued by a reconstituted board, reversed Browning-Ferris and reinstated the prior narrower “joint employer” legal test that had been applied for decades by the NLRB and the courts.

Legal Update

Legal Update

Legal Update

Legal Update

Legal Update

Legal Update