There are no easy answers when a violation of the franchise sales laws occurs. The better approach is to encourage franchisors to implement and support effective sales compliance programs designed to prevent violations and serve as an early warning system when mistakes happen.
Because many franchisors require a formal business legal structure before granting a license to own one of their franchise operations — and because it’s smart to protect yourself from liability — it makes sense to consider one for your franchise. Each structure has its advantages and drawbacks, so you need to do your homework and think plenty before you make a decision.
The Supplier Forum Advisory Board serves to represent all suppliers within IFA and help further the association’s mission to protect, enhance and promote franchising. there is no better way for suppliers to show their commitment than by becoming and maintaining their membership in the International Franchise Association.
Properly designed systems and processes can help ensure compliance and provide guidance for navigating problematic compliance issues that frequently arise.
New rules create a multitude of workplace and compliance challenges. The U.S. Labor Department, together with the White House, announced long-awaited and much anticipated final changes to the Fair Labor Standards Act’s overtime rules
An effective franchise sales compliance program enables the franchise organization to operate free from the impending threat of litigation or other disruptions that can result from a failure to properly manage the sales process.
Having a robust in-house legal team allows other legal staff to focus on their strengths and larger company initiatives, and ensures that the company is not only adequately protected on important legal risks, but expertly protected.
Some of the most common FLSA violations involve overtime and misclassification. Be sure to calculate and pay overtime in accordance with federal and state law, and apply tests for exemption correctly now and when the new rules are issued.
Franchisors rightly impose requirements and system standards to assure uniformity in the franchise system and protect their trademarks.
It goes without saying that the passing of U.S. Supreme Court Justice Antonin Scalia represents a major loss of a legal titan and champion of the Constitution. It will impact this country on many levels for decades to come.