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Hotel Franchise Lawyers Washington can assist you in buying a good hotel franchisee and thus, become an hotelier. With franchising business growing at an extremely fast pace, hospitality sector is too witnessing a boom in franchising. Many hotels have started offering their franchisees to those who are interested in investing their money in the hotel industry and making quick profit. However, before you take the final plunge into franchising it is always good to consult some of the Best Franchise Law Firm in USA that has Hotel Franchise Attorneys
We've heard President Trump say it one hundred times, "The focus of this administration is three things ... Jobs, Jobs, Jobs"! In a political period characterized by this slogan, keeping track of the number of hirings by franchises within the United States seems more than appropriate. In May of 2017, franchise hiring increased by 18,500 new jobs. This number is a big improvement over an increase of only 4,500 jobs in April. Overall in the private sector, the number of new jobs increased by over 250,000. Restaurants and auto dealers showed the largest hiring increases while business services lagged behind. The unemployment rate as
A recent panel was formed to find answers to the most pressing questions facing franchisees. The panel found that hiring and retaining good employees was their number one unexpected challenge. Almost all small franchise businesses need to find, interview, hire, and then train and motivate their staffs if they are to have a chance to succeed. Many franchise industries rely on their employees for face-to-face contact with the public and franchisees felt that the quality of their employees was the key to their success. The employee issue is one of the areas that buying into a franchise rather than trying to go it alone can help. A good
One of the basic questions that business owners must ask themselves is, "what matters more, the type of business you choose to be in or the condition of the economy at the time you open your doors?" The answer to this question is obviously that both matter. There are many factors that can influence the degree of success your franchise achieves, such as having ready sources for working or emergency capital when necessary. More business owners cite lack of capital as the main reason for the failure of their business. Not being able to weather the inevitable economic downturns you will face can put you out of business faster than anything else,
Location, location, location are the three key ingredients to a successful franchise. In the past, when indoor malls thrived, it was relatively straightforward and obvious where to put your new business. Over the last several decades, enclosed malls dominated the retail shopping experience and retail giants like Macy's, JC Penny's, and Sears served as "anchor" stores. With a large brand name retailer as an anchor store, hundreds of other stores and smaller boutiques were attracted and retail space was soon at full capacity. Malls immediately became the prime retail location to put your fast food or other franchise. Even if you could not get
McDonald's Corporation has decided to go "all in" and adopt a delivery service model in around 3500 of their franchise locations. Effective immediately, McDonald's customers will be able to order the full line offered by their local McDonalds and it will be delivered via UberEats. UberEats is an online food ordering and delivery service, a business unit of the wildly popular Uber ride-sharing online service, allowing consumers to order from any number of restaurants and have the food picked up at the local restaurant and delivered to your location. Anyone with a car that wants to work can sign up to be an UberEats driver. Uber eats drivers
Are drug testing requirements driving up labor costs? Should you be drug testing potential employees? As the recreational use of marijuana becomes legal in more and more states, companies are finding it increasingly challenging to find employees that can pass their drug tests. In Kentucky, methamphetamine use is 47 percent higher than the national average and companies like White Castle, which makes 50,000 hamburgers per hour, is having trouble finding and retaining quality employees. In industries like construction or others that requires one to work around or operate heavy machinery, like forklifts or bulldozers, drug testing is routine.
A Small Business May Fail for Lack of Working Capital One of the leading reasons small businesses fail is the lack of working capital. I don't think you'll ever see a franchise sales brochure or a website that stresses the following, "You had better have 10 times as much money as you think you need on hand to keep you afloat during the first five years when you are bound to lose money hand over fist." But if you ask almost any franchise owner, there is no statement more truthful than the one I have just made. Yes, I may be exaggerating to make a point, but the fact remains that the primary reason that new businesses, franchises included,
Anyone who owns a franchise knows that keeping labor costs low is a critical element of a business strategy. The less you are forced to pay your staff, the more you'll have left for reinvestment to grow the business or to take profit. One of the many labor issues that franchisees deal with every day is the minimum wage. Recently there has been a movement afoot to increase the minimum wage to a "liveable wage" that is estimated to be $15 per hour. Labor issues and the local laws that you need to follow requires that you hire an experienced and knowledgeable franchise attorney. Franchise attorney Mario L. Herman has guided hundreds of
It is only logical to assume that large franchise stores may have negotiated hundreds of leases in the past for successful franchisees and know exactly the location where the franchise should be and how much they should pay to rent the space. It is widely believed that franchise giants, like McDonald's, use their clout in order to negotiate the best possible lease for their franchisees and pass the savings on to them to help lower their operating costs. After all, the lower the rent the higher the profit margin can be. More profits for the franchisee means higher wages potentially for minimum wage employees. One would never suspect that a
Who is responsible for estimating franchise start-up costs? If a Canadian court decision has any say on the matter, it is a joint responsibility. The franchisor has a responsibility to accurately estimate the start-up costs and the franchisee has the responsibility to inquire and investigate whether or not those estimates are accurate. The Canadian court's test case involved Wrapcity Gourmet Restaurants. The prospective franchisee was given the franchise agreement as required by law and discussions took place regarding start-up costs in their chosen location. A year later the franchisee went out of business and sued the Wrapcity claiming
Over the last two years, sales at Chipotle Mexican Grill have plummeted due to a highly publicized E. Coli scare and several food poisoning episodes in restaurants in Ohio, California, New York and Pennsylvania. The Center for Disease Control reported that 52 people reported having E. Coli poisoning with 92% of them claiming to have eaten at Chipotle's within the previous week. Such health concerns chased away customers in 2015 and 2016 and damaged the company's brand that came to be associated more with uncleanliness and careless food handling, rather than in serving healthy food as was the restaurant chain's original plan. Sales fell
If you are considering buying a franchise and getting a fresh start in life, there are some important financial decisions you need to make. If you are coming from a difficult or failing financial situation, you may want to explore your options for starting over. Bringing debts and liabilities from your previous endeavors with you into your new franchise business, may not be the best way start your new business. One way to get a new, clean and fresh financial start on life is to declare bankruptcy and wipe the slate clean. There was a day when declaring bankruptcy was associated with being a failure. Nowadays bankruptcy is an accepted
Purchasing an available franchise is one of the best lucrative deals one could have. Owing a franchise brings a ready-made goodwill, reputation and profits. Considering the right type of franchise is the milestone in making your business successful or not. Hotel franchise is one of the most popular types. People prefer this industry as it offers great opportunities. Food is something people from every length and breadth of the earth love. It is an icing on the cake, if you have the hotel franchise of a good hotel. However, starting a hotel franchise takes lot of things to be considered. If you are thinking about opening your franchise,
Purchasing an available franchise is one of the best lucrative deals one could have. Owing a franchise brings a ready-made goodwill, reputation and profits. Considering the right type of franchise is the milestone in making your business successful or not. Hotel franchise is one of the most popular types. People prefer this industry as it offers great opportunities. Food is something people from every length and breadth of the earth love. It is an icing on the cake, if you have the hotel franchise of a good hotel. However, starting a hotel franchise takes lot of things to be considered. If you are thinking about opening your franchise,
International franchising is one of the most popular businesses irrespective of the size, type or location. However, finding out the right one could be a challenge. The franchise business brings lot of benefits. Owning a franchise brings together the stability of an established business model with the self-rule and income prospective of self-employment. Joining with an "established business" is usually comfortable and familiar for executives who have worked within firms. It is vital to comprehend, however, that obtaining a franchise is not just merely buying a job. When you acquire a franchise, you own the business, its goodwill and all
Women today have a tremendous opportunity to open and operate a franchise business. This blog post highlights the franchise business resources that are being made available to women wishing to start a franchise business in this new and exciting economic and political environment. The political backdrop for women has never been better. President Trump has appointed a woman, Linda McMahon, to head the Small Business Administration (SBA), and the President recently hosted a roundtable of women small business owners at the White House. The president's daughter Ivanka co-hosted the event and is expected to take a leading role in creating
uppose you bought a new house and moved into a neighborhood where your neighbor on the right was Microsoft's Bill Gates, and on the left was Amazon.com founder Jeff Bezos, and across the street was legendary investor Warren Buffet of Berkshire Hathaway fame. Imagine further that every day one of them would walk to their mailbox to get their mail and wave to you, say hello, and invite you over to talk about business whenever you wanted 24-7. That can happen, metaphorically speaking of course, simply by investing a few dollars in the biographies of these highly successful business leaders and other books that they have authored. Go to
When a franchisor fails to live up to the claims they make to franchisees they can be sued in order for the franchisee to recover pecuniary damages. Recently, franchisor Curves, a women's only 30-minute fitness franchisor, has been forced into a jury trial in Texas on behalf of 100 plaintiffs, all of whom are disgruntled Curves franchisees. The plaintiffs claim that the franchisor failed to live up to the promises made in the Franchise Disclosure Document such as the financial prospects of a Curves franchise, the franchisor's failure to provide the assistance promised in opening a franchise, a franchisee having to make additional,
Anyone wishing to purchase a franchise is required to receive a "Franchise Disclosure Document" that has been filed by the franchisor with the Federal Trade Commission. This document is similar to a mutual fund prospectus and must be given to prospective franchisees at least 14 days before the franchisee signs any papers or the franchisor accepts money. When a prospective franchisee reviews a franchise disclosure document, one of the most important items, in my opinion, is the character of the founders and the board of directors such as the Chief Executive Officer, the Chief Financial Officer, and others. Buying into a franchise is like
Resolving in a case dispute of international standards is a completely different sector. It needs a completely new way of treatment as compared to a regular criminal or civil case. While the Indian Master Franchisees and international franchisee lawyers will always be there to assist you, However, you are also supposed to assist the professionals by following certain steps and dispelling certain misconceptions. Compiled here are some of them. Read about them. Myth 1: I must be strict about my decision regarding the case We would say that this is a partially true statement. This is because when you are fighting an
In a precedent-setting verdict, a California judge has ruled that McDonald's Corporation does not control the hiring and thus does not control the payment of wages to the employees of its franchisees. The judge ruled that the payment of wages and compliance with federal, state and local labor laws falls to the individual franchise owner and not the franchisor, the McDonalds Corporation. A recent class action lawsuit against McDonald's was denied class certification and plaintiffs' representative claims were stricken in the case in point, the alleged labor violation at McDonald's franchisee Haynes Family Limited Partnership in Oakland. The
If you have encountered a case of international dispute, it is an unwritten rule that you will approach an International Franchisee Lawyer to resolve the matter. While the decision is definitely praiseworthy, you need to take into consideration few tips too to ensure that the problem is solved in an amicable manner. Here are few essential tips to follow. Be clear When you communicate with the lawyer, you should be clear enough to let him know how you want the case should be solved. Talking out openly with the lawyer will help him in arranging the case accordingly. Do not conceal Never conceal any
Should You Trust a Franchisor's Financial Promises? We all know that it is the objective of a franchisor's marketing literature to paint as promising a picture of the company's future as possible. One of the many items contained in a franchise disclosure agreement, and financial documents, is an estimate of income that a potential franchisee can expect. Popular websites like Facebook and Craigslist also are full of advertisements for licenses and franchises that promote the high-income potential of their businesses. Some franchisors, however, go a little overboard and make financial promises that border on outright
While not a franchise in the true sense of the definition, Amway licenses individuals to represent their brand and a broad array of products for sale. There are no territories and Amway distributors are free to sell products and sponsor distributors wherever they may be. Distributors earn a commission on their sales and some distributors take their businesses a step further, by sponsoring others to become distributors, they earn a smaller percentage commission on the sales that originate from their distributors. The original distributor then earns commissions, not only on the sales of the distributors they sponsor, but also on the sales from
As a franchisee outlet, you must know that cases of international disputes are resolved in two main ways. While one of them is through arbitration and is categorised under adjunctive case, the other one is through mediation and is categorised under concessional case. However, you need to follow few additional tips if you opt for International Mediation to make the case go in your favour. Here are some of these tips to follow. Read about them. Take mutual decisions When you choose International Mediation, it is essential that you have to come to a common conclusion regarding the case of international dispute with your
Have you started the career of an international lawyer lately? If your area of specialization is international arbitration then you might encounter lots of doubts that need to be cleared professionally. One of the critical areas that might give you problems is the manner in which you are supposed to prepare the draft for international arbitrations. Basically, the draft needs to be prepared in the most professional way so that it is to the point and covers all the points. There are lot other issues connected with this. Let us learn in detail about the manner in which you will handle such situations. Keep your calm When
International franchise attorney Mario L. Herman provides a full range of legal services to those looking to invest in a franchise business. Of all the areas of expertise he possesses, none is more important than advising clients of their options should things go wrong in a business relationship. Like a father of a newborn child purchasing life insurance, having a solid understanding of your options to sue your franchisor is an important contingency that must be planned for in advance. You can rest assured that lawyers representing the franchisor, those that crafted the franchise agreement, have inserted clauses that protect the franchisor
A person considering buying a franchise will look to a franchise chain that matches the skill set that he/she may have learned during the course of their career. For example, a CPA with an existing clientele, may look to purchase a tax-preparation franchise, a restaurant chef could invest in a fast food franchise, or a grocery store manager might look to buy into a gas station/convenience store franchise. People might assume that the experience gained from their previous career might equate to owning a similar franchise business model. What is overlooked, is that no matter what type of experience you have, being an "owner" is unlike being an
Even the most comprehensive franchise agreements leave a great deal of decisions that the individual franchisee must solve. As a new franchisee, you should not assume that a franchisor will automatically help you with certain critical business decisions. One of the first and greatest business decision that you can make, is how to select, negotiate, and close the deal on a commercial lease. Rather trying to figure it out on your own, call international franchise attorney Mario L. Herman to work with you every step of the way as you set up your franchise. When we analyze a franchise agreement, one of the first things we check is to what
Purchasing insurance is a necessary evil that you cannot be without. On the one hand, there are more pressing issues that will demand every penny of available capital that you can lay your hands on, and on the other, you don't want to get wiped out in the event a disaster happens. Only you can decide what risks you are willing to take and which you want to guard against. Property Insurance - Should a customer injure themselves while on your property. A slip and fall accident on your property can expose your business to millions of dollars in potential liability that you need to guard against. Also, you need to be compensated should a
The other day Mr. Trump met with Jack Ma, CEO of Chinese online retail giant Alibaba, to discuss marketing agricultural products made in the Midwestern United States directly to the Chinese marketplace. Mr. Ma told reporters that he and the President-elect specifically discussed ways that Alibaba could help small businesses export their products to China on the Alibaba online retail platform. A spokesperson for Alibaba followed up the meeting by stating that Alibaba has a goal of creating 1 million new jobs in the United States by supporting small businesses and Mr. Ma confirmed those numbers. Mr. Ma was even more specific to include
With a population in the billions, and a stable, pro-western business government, India is a vast and fertile ground for expanding your US business by franchising internationally. Rather than reinvent the wheel, one has to look no farther than to identify the companies and industries that are doing business successfully in India and focus your due diligence on the industry and geographic area that they are in. Much of the marketing research that a domestic company would ordinarily do, has been done for you. Instead of buying into an existing Indian franchise, you may consider competing internationally by expanding your business to
Will the employee minimum wage scandal sweeping across the convenience store and fast-food restaurant sectors of the franchise industry cost Andrew Puzder the nomination for U.S. Labor Secretary? If recent developments are any indication, the answer may be yes. Puzder, CEO of CKE Restaurants, which includes the Carl's Jr.s and Hardee's restaurant's franchise chains, is under fire for the same minimum wage violations where employees, particularly vulnerable and sometimes undocumented immigrants, have been hired and paid below the minimum wage. Puzder's leadership is being called into question because his company has been cited by the
America's "Pro-Business" President As America's "Pro-Business" president, the Trump administration can do a number of things to make it easier to start a small business, buy a franchise, and hire people. Here are a few ideas I have to get the new administration heading in the right direction. Make it easy to get a small business loan. President George Bush made buying a home affordable to everyone with government guaranteed home loans. Obama made education available to the masses with government guaranteed student loans. Now the Trump administration is sure to follow suit with government guaranteed small business loans. Gone will be
During the first few years of your new franchise, liquidity will be king. It will seem that more money is going out from the business than is coming in and the last thing you'll want to do is to sit down and formally analyze your negative cash flow. You will need to be an excellent bookkeeper, however, if you want to stay on top of your business, make sure that you can pay your bills every month. In addition, if you have prepared a detailed and ongoing cash flow spreadsheet, you'll be able to present this document to your bank loan officer to give proof that you are on top of things and indicate when you will be able to pay them back. A
Hire a Franchise Attorney for "Location Services" One of the most important aspects of running a franchise business is as often overlooked as it is obvious. The exact location of your business is critical to your success in the franchise industry. Locating your business strategically can make the difference between success and failure, therefore, franchise companies, at least the good ones, make it a point to offer franchise location services as a central focus of their initial support to the franchisee. If you are going to invest millions of dollars in a franchise, it is also vital to have support when negotiating your initial real
The "Fight for $15" Minimum Wage movement hits the fast food franchise industry. Nowhere in the US economy is the minimum wage labor movement, called "Fight for $15", being more felt than in the fast food industry. Fast food restaurants employ millions of young adults at or near the minimum wage as this type of unskilled labor is an excellent opportunity for teenagers to get work experience and also make a little spending money. Now, perhaps because by the lack of decent paying jobs in the economy, the movement seeks to increase the minimum wage to a "livable" wage. In a series of "one day strikes", fast food employees are prodded to
One of the most important metrics a potential franchise investor can analyze is the rate of failure of previous franchisees’. The more expensive franchises require investors to finance their new business start up with a bank loan and many franchisors use the Small Business Administration, SBA, to provide this financing. The SBA is a United States government agency that provides support to entrepreneurs and small businesses and offers qualified franchisees the opportunity to borrow money at competitive interest rates. When analyzing a franchise for potential investment, one should look at the rate at which franchisees default on their SBA
You would really need the support of a U.S. Based Franchisor expert to know upsides and downsides of a deal, before you get into any. This is specially needed, when you have to decode getting into any franchisee agreement with a company which is US based and you are a non-US company, or vice versa. In all such cases, you must get a good guide from a person, who has a nice idea of how it is going to be when you get into a contract. How a franchisor expert can help The job of a franchisee advisor is to tell you if the deal is
International disputes are one of the most annoying factors that many businesses have faced till date. And if you are going to get in to any relation with another business through being a franchisee of the one, and have to do from cross border transactions etc for this, then you must be well aware of the business law etc in your country as well as the other countries. This will save your back in many ways, and you may actually help yourself a lot from avoiding international disputes in future. Getting help in managing international disputes But you may still have ill luck to get in some sort of dispute. Starting from cross
If you own a 7-Eleven franchise, you were presented with a new version of the company's franchise agreement in the light of the company's ongoing wage scandal. A main part of the new agreement was a profit sharing clause, where income from profitable stores would be used to subsidize unprofitable ones. The problem is that because of razor-thin margins, the only item on a 7-Eleven's income statement that made many of them profitable at all, was their ability to illegally circumvent local minimum wage laws. Once a new higher wage scale was adopted there were not enough profitable stores left to carry the unprofitable ones. Now, as a result,
The new "Joint Employer" designation found in a revamped franchise agreement may extend to all employee behavior. It had been assumed that the franchise employee wage fraud scandal might be limited to a franchisor's responsibility for a franchisee to comply with local minimum wage laws. Now employees who complain of sexual harassment may have a case not only against the franchisee but also the franchisor. The wage fraud scandal was brought about by franchise giant 7-Eleven's global underpayment of employees. Female workers at McDonalds have filed 15 sexual harassment complaints with the EEOC, the Equal Employment Opportunity Commission.
As a service to our reader, this blog will review a particular franchise making news in the franchise industry. Our report is not intended to be a recommendation or endorsement of any particular company. The reviews are intended to be thought-provoking and give our readers ideas of the many and varied franchise opportunities that exist. One has only to watch cable TV to see ways in which the real estate market in America has evolved. In the wake of the real estate crash of 2007-2009 and the changes in our manufacturing economy, there is a new and different hot spot in real estate investment. The trend in real estate is in "turnaround"
One of the critical laws governing franchise sales is the "cooling off" period. The cooling off period is recognized by the FTC as a mandatory period of time, in which a new franchisee has the right to get their money back should they change their mind and decide not to follow through on the purchase of a franchise. The cooling off period is part of the overall disclosure laws which include certain required pre-sale disclosures and prohibited practices. A franchisor is prohibited from taking money for the sale of a franchise until at least 5 days have passed since the delivery of the personalized franchise agreement. The
In addition to paying your employees the required minimum wage, a franchise owner has the legal responsibility to comply with the department of taxation, in the states where they are located, to pay sales taxes on an on-going basis. If a franchisee fails to pay sales tax and are caught, the business and the franchisee's life could be quickly ruined. A case in point, is the recent felony complaint registered against an owner of three Subway sandwich shops and one Auntie Anneb s Pretzels, all located in Oswego County, New York. According to a recent article written on http://www.cnybj.com/, 39-year old Andrew
Could the wage fraud investigation that has come to light as a result of the 7-Eleven wage scandal uncover similar abuses in other franchises? That's the question that is being asked at the highest levels of government agencies around the world that are tasked with policing franchise owners and franchisees and making sure that they operate within the law. Government agencies are focusing on companies that tend to hire, young minimum wage earning employees and immigrants such as the fast food and convenience store industries. Low wage earners, especially immigrants, can easily be coerced into making cash "wage kickbacks" by threatening them
Without a doubt, talking to and getting the opinions of several franchise owners in the same franchise business that you are considering investing in, is a vital part of evaluating a franchise. This first step is important not only to get much-needed insight into the positive aspects of operating a franchise, but also to protect you from investing in a franchise scam. As a matter of fact, once you have developed an initial interest in a franchise, the first step should be to visit several actual franchisees and spend as much time as possible there. Some people might even go as far as seeking a job in the franchise in order to learn the
One of the roles of an international franchise lawyer, is to educate his/her clients on specific wage and labor laws that apply in the country where they want to do business. Never has this been more important than now, as we are in the wake of the massive 7-Eleven wages fraud scandal where owners of 7-Eleven franchises worldwide have been accused of violating local minimum wages laws. Wage fraud is not limited to 7-Eleven. The U.S. Department of Labor, has found that within the last year "more than $38 million in back wages were owed to nearly 47,000 restaurant workers worldwide – almost exclusively due to minimum wage and overtime
New evidence has emerged that franchise giant 7-Eleven may be continuing to exploit workers worldwide by ignoring local minimum wage laws, just days after an investigation into the company's systemic wage-fraud practices was recently completed. Fairfax media is reporting that a former employee, Bharat Khanna, claims that workers at 7-Eleven are continuing to be underpaid. Khanna claims, that after exposing employee underpayment, he was fired from the 7-Eleven where he worked. Khanna said, that the company was complying with local minimum wage laws and Visa requirements for limiting the number of hours worked, but that employees, once