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Category Archives: Franchises and franchising

Franchise7

Former Burger King Employee Files a Lawsuit, Seeking Class-Action Certification

By Michael Pike and Daniel Lustig |

According to reporting from Forbes, a former Burger King cook named Jarvis Arrington has filed a lawsuit against the company. He is seeking class-action certification on behalf of every employee who has worked at any of the company’s franchise location from 2010 through 2018. The legal claim in this case centers around the anti-poaching… Read More »

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Franchise3

Lawsuit: Florida Massage Franchise Location ‘Hid’ Sexual Abuse

By Michael Pike and Daniel Lustig |

Recently, the Sun Sentinel filed a report on a very disturbing case arising out of South Florida. According to allegations raised in a recent lawsuit filed in a court in Palm Beach County, several female customers of Massage Envy, the largest chain of franchise massage spas in the entire country, were victims of sexual… Read More »

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Discrimination

EEOC Files Disability Discrimination Lawsuit Against Florida Franchisee

By Michael Pike and Daniel Lustig |

On July 10th, 2018, the Equal Employment Opportunity Commission (EEOC) announced that it has filed a disability discrimination lawsuit against a Florida-based franchise location of Pacific Sunwear (PacSun). This company offers California-branded clothing and apparel products targeted at teens and young adults. According to the legal complaint filed by the EEOC, PacSun unlawfully refused… Read More »

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Franchise3

Florida Court Upholds Non-Compete Clause in a Franchise Law Dispute

By Michael Pike and Daniel Lustig |

Earlier this year, the United District Court Southern District of Florida issued a decision in the case of Peterbrooke Franchising of Am., LLC v. Miami Chocolates, LLC, a lawsuit in which a franchisor and a franchisee were locked in a dispute over the enforceability of a non-compete agreement. At Pike & Lustig, LLP, our… Read More »

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Contract

Forum Selection Dispute: Tim Hortons Franchisees Suing Parent Company Over Provision Forcing Contract Disputes Into a Miami Court

By Michael Pike and Daniel Lustig |

On May 3rd, 2018, The Star reported that Canadian fast food giant Tim Hortons is a facing a lawsuit from an organization representing a large group of American franchisees. According to the report, Great White North Franchisee Association (GWNFA), which filed the lawsuit, represents nearly half of all U.S.-based Tim Hortons franchisees. The dispute… Read More »

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Legal4

Florida Federal Judge Awards Franchisor Attorneys’ Fees in FDUTPA Case

By Michael Pike and Daniel Lustig |

On March 26th, 2018, a Florida federal judge awarded a franchisor more than $730,000 in attorneys’ fees after the company successfully defended itself against a Florida Deceptive and Unfair Trade Practices Act (FDUTPA) lawsuit. In this post, our experienced West Palm Beach franchise law lawyers analyze they key facts of this case, and we… Read More »

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Franchise6

Franchise Law Implicated in Latest South Florida Immigration Raids

By Michael Pike and Daniel Lustig |

On January 10th, 2018, the Miami New Times reported that U.S. Immigration and Customs Enforcement (ICE) agents raided five 7-Eleven franchise locations in South Florida. These South Florida immigration raids were a part of nationwide step up in enforcement against employers. Beyond the myriad of other legal issues that are at stake, these raids… Read More »

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Franchise5

Franchise Law Watch: NLRB Overrules the Browning-Ferris Joint Employer Standard

By Michael Pike and Daniel Lustig |

In 2016, our Miami franchise law attorneys discussed the joint employer standard, which, at that time, had recently been amended by the National Labor Relations Board (NLRB). The NLRB had just moved to enact a far broader test to determine which companies qualify as joint employers. Since that time, the political landscape has shifted… Read More »

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Lit2

Miami Auto Dealership Sues BMW/Audi Alleging Franchise Law Violations

By Michael Pike and Daniel Lustig |

According to reporting from Automotive News, Braman Dealerships has filed a lawsuit against BMW and Audi, on the grounds that the auto manufacturers made unlawful changes to their sales incentive programs. The Miami-based auto dealership contends that the unilateral changes made by the two European automakers are in direct violation of the Florida Franchise… Read More »

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Franchise3

The FTC Franchise Rule: Explained

By Michael Pike and Daniel Lustig |

The FTC Franchise Rule is designed to make sure that prospective franchisees have access to the full information that they need to make an informed decision regarding their potential business investment. Put another way, the FTC franchise rule is a disclosure requirement. It does not seek to interfere with the business relationships of franchisors… Read More »

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