Business | Respond Law

Can a Franchisee be Considered an Employee of the Franchisor in Massachusetts?

On May 14, 2022

7-11 and its franchisees are at it again. This time in Massachusetts. On March 24, 2022, in Patel v. 7-Eleven Inc., the Supreme Judicial Court of Massachusetts [1] held that it is possible for a franchisee to be considered an employee of a franchisor. This issue affects whether franchisees are covered under worker protection laws […]

Do Employment Laws Apply to Franchisees of 7-Eleven? – Doubtful

On December 20, 2021

On December 8, 2021 the Massachusetts Supreme Judicial Court heard oral arguments in a case(1) where 7-Eleven franchisees claimed they were actually employees under Massachusetts law. If the 7-Eleven franchisees were employees, then franchisees would be entitled to the protections of Massachusetts employment laws. Starting in federal district court, a putative class of franchisees sued […]

Business Law Ethics Discussion — WestEd CLE

On December 7, 2021

James A. Paone, II and his partner Jay McGovern are proud to present New Jersey Ethics, a roundtable discussion for WestEd. The program covered a variety of topics including the workings of the ethic system with practice pointers and an interactive discussion of how the system works and how to navigate the system. They also […]

Hospitality Franchising in NJ – Proposed New Law

On December 4, 2021

Identical bills pending in the New Jersey Legislature propose major changes to the Franchisor – Franchisee relationship in the hospitality industry. Among the provisions of S3762 and A2682 are the following: a. Non-competition agreements for locations outside the county of the franchise location are limited to six months duration. This proposed change would not preclude […]

Proposed New Hospitality Law in New Jersey Sneaks Franchising Into the Consumer Fraud Act

On December 4, 2021

New Jersey has separate laws regulating the franchise industry and consumer practices. These are the “Franchise Practices Act” (N.J.S.A. §56:10-1, et seq.) and the “New Jersey Consumer Fraud Act” or “NJCFA” (N.J.S.A. §56:8-1, et seq.). Courts have held that franchising is not included under the NJCFA. Reasons include that franchising is a business relationship rather […]

Words Matter

On October 20, 2021

Microgem v. Homecast. Homecast was represented by Alan L. Poliner. When the U.S. switched from analog TV to digital TV, analog sets would become useless for over the air television unless a Set-Top Converter was used. The U.S. had a program for every household to get a coupon for $40 to purchase a Set-Top Converter. […]

What You And Your Business Need To Know About COVID-19 Temporary Laws

On August 10, 2021

In March 2020, in response to the COVID-19 pandemic, the U.S. government expeditiously signed into law historic, temporary measures to provide certain employees mandatory paid sick and family leave if the leave was related to particular COVID-19 related absences from work. The FFCRA’s original qualifying reasons included leave for an employee who is: subject to a […]

Who Decides Arbitrability, the Arbitrator or the Court? A Domino’s Pizza Driver is Asking the Supreme Court for Clarification

On December 6, 2020

Arbitrability is whether or not a dispute should be resolved in a Court of Law, or by an Arbitrator. But why is it important who makes the decision of arbitrability? Some attorneys believe that an Arbitrator is more likely to decide in favor of Arbitrability rather than a Judge. Whether or not this belief is […]

Contracts, Coronavirus, and Force Majeure – Can Contract Performance be Excused?

On March 23, 2020

Coronavirus and the governmental response to the pandemic will certainly result in the nonperformance of business contracts. Is there any relief from such a breach of contract? What is Force Majeure? Some contracts in themselves contain a Force Majeure (French for “superior force”) clause which may excuse nonperformance of a contract. A Force Majeure clause […]

Don’t Be Fooled When Filing Your NJ Annual Reports

On February 19, 2020

A New Jersey Annual Report is a yearly document that nonprofit and profit-based corporations must file. In addition, Limited Liability Companies (LLCs) and Limited Liability Partnerships (LLPs) must file the same report. The content of the report outlines the status of an organization. The main reason for filing annual reports for your company is to […]

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