Lewitt Hackman Blog
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Covers topics like Business & Finance, Family Law, Accident & Injury, Employment Defense, Franchise & Distribution Newsletters, and more. Lewitt Hackman is a Los Angeles County-based full-service law firm serving business and consumer clients since 1969.
Lewitt Hackman Blog
1M ago
FRANCHISOR 101: Nonperformance – Fact or Fiction? A New Jersey federal court granted in part a hotel franchisor’s motion for summary judgment against its franchisee and the guarantor of the personal guaranty, for breach of
The post Franchise 101: Nonperformance – Fact or Fiction?; and No Spice, No Injunction appeared first on Lewitt Hackman ..read more
Lewitt Hackman Blog
2M ago
This is the final of a three-part series addressing the changes to California’s Private Attorneys General Act. You can read more about the PAGA reform and recommended audit steps here, and pre-litigation conference here. In
The post PAGA: Early Evaluation Conference appeared first on Lewitt Hackman ..read more
Lewitt Hackman Blog
2M ago
Franchisor 101: Charging Toward Arbitration A California federal court granted a motion to compel arbitration by retail franchisor Batteries Plus and its two executives, and dismissed a franchisee’s action alleging violations of the California Franchise
The post Franchise 101: Charging Toward Arbitration; and Non-Compete Jumpstarted in Bankruptcy appeared first on Lewitt Hackman ..read more
Lewitt Hackman Blog
2M ago
The State of California’s minimum wage is set to increase to $16.50 per hour (an increase of $0.50 from the current minimum wage of $16.00), on January 1, 2025. The state minimum wage will apply
The post California Increases State Minimum Wage appeared first on Lewitt Hackman ..read more
Lewitt Hackman Blog
3M ago
This is the second of a three-part series addressing the changes in California’s Private Attorneys General Act. You can read more about the PAGA reform and recommended audit steps here. Below, we discuss an employer’s
The post PAGA: Employer Cure Process and LWDA Conference appeared first on Lewitt Hackman ..read more
Lewitt Hackman Blog
3M ago
Franchisor 101: All-Franchisor-Can-Eat A federal district court in New Jersey recently found that restaurant franchisor Golden Corral was entitled to nearly $1.2 million in consequential damages after terminating a franchised Golden Corral restaurant. Golden Corral
The post Franchise 101: All-Franchisor-Can-Eat; and Lights, Camera, Jurisdiction appeared first on Lewitt Hackman ..read more
Lewitt Hackman Blog
4M ago
Earlier this month, Governor Gavin Newsom signed Senate Bill 92 and Assembly Bill 2288 which amended the California Private Attorneys General Act (PAGA). The new legislation is effective immediately.
The California legislature enacted PAGA 20 years ago as a mechanism to punish and deter employers who failed to comply with the CA Labor Code and Wage Orders, and award employees (and their counsel) for acting on behalf of the State by bringing lawsuits against non-compliant employers.
Ultimately, PAGA brought more injustice than fairness.
The law offered a mechanism for pursuing penalties without ..read more
Lewitt Hackman Blog
4M ago
Franchisor 101: Delivering Timely Terminations
A trial judge for the United States Bankruptcy Court in Illinois denied a franchisee’s motion to enforce an automatic stay against The UPS Store (“TUPSS”), concluding that TUPSS’ termination of the franchise agreement was timely and did not violate the automatic stay provision of the bankruptcy code.
The franchisee entered into franchise agreements to operate two The UPS Stores in Chicago (the “Franchise Agreements”). On January 12, 2024, TUPSS sent the franchisee notices of default, due to the franchisee’s failure to remain current on its pa ..read more
Lewitt Hackman Blog
5M ago
Franchisor 101: Pieces of the Trademark Pie
An Illinois federal district court granted partial summary judgment in a trademark dispute against Ledo Pizza System, Inc. (“System”) and Ledo Pizza Carryouts, Ltd. (“Carryouts”), a franchisor of pizza restaurants (collectively, “Franchisor”), and in favor of an unrelated family-owned pizza restaurant, also called Ledo’s.
In 1955, the trademark “LEDO PIZZA” was first used by “Ledo Restaurant” in Maryland, an establishment founded by two families. In 1986, the families created Carryouts to expand operations, and executed an agreement transferring the ..read more
Lewitt Hackman Blog
6M ago
Franchisor 101: Joint Employer? Check √
A Maryland federal district court denied a restaurant franchisor’s motion to dismiss, concluding that a restaurant manager at a franchised location alleged sufficient facts to support a finding that the franchisor is a joint employer with its franchisee.
Plaintiff, a former district manager of a Checkers Drive-in Restaurant franchise, sued the franchisee for employment discrimination, hostile work environment and wrongful termination, among other claims, after the franchisee terminated plaintiff’s employment while on medical leave. Plaintiff also named f ..read more