The recent case Awuah v. Coverall North America, Inc. has grabbed headlines for finding that a franchisor is an “employer” under Massachusetts employment law. What are the ramifications of that decision?
Author: Matthew Kreutzer, Las Vegas Franchise Attorney
Mr. Kreutzer concentrates his practice in franchising, with an emphasis in transactional franchise law and franchise litigation.
He has spent more than 15 years working with individuals and companies on issues relating to the franchise relationship.
Experienced in all facets of franchise law, Mr. Kreutzer assists both start-up and mature franchisors with developing, protecting and licensing their franchise and distribution systems. As part of this practice, he counsels companies regarding the laws and regulations pertaining to franchising nationwide and assists them in creating their contracts, Franchise Disclosure Documents, and other critical operational documents. He also responds to state administrative inquires and investigations, and obtains exemptions and interpretive opinions from regulatory agencies.
With his background in franchise litigation, Mr. Kreutzer understands the risks inherent in the relationship and works with his clients to limit those risks so that those franchisors can focus on brand and system growth.
Mr. Kreutzer received his B.A., cum laude, from The American University in 1995 and his J.D. from The George Washington University Law School in 1998. He is a certified specialist in Franchise and Distribution Law by the California State Bar Board of Legal Specialization (the “Board”) and is a Commissioner on the Board’s Franchise and Distribution Law committee.
Mr. Kreutzer is a longstanding officer and member of the California Franchise Law Committee, and is a member of the American Bar Association Forum on Franchising.
Mr. Kreutzer is an AV® Peer-Review Rated attorney by Martindale Hubbell and was named a “Super Lawyer” 2013 - 2017 and a “Rising Star” in 2012 by Mountain States Super Lawyers. He was honored as a “Legal Eagle” by Franchise Times magazine 2013 - 2017, and as one of the “40 Under 40” by In Business Las Vegas in 2010.
He is licensed to practice in the States of Nevada, California and Maryland.
Author of the "Forward Franchising" blog, located at www.forwardfranchising.com
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Are you unknowingly operating a franchise system? If you are licensing others to use your trademarks for a fee, the answer could be yes. Under federal or even state law, a commercial relationship between two parties could be a franchise — even if neither of the parties intended to create one.
Forward Franchising 