Media Mentions

Aug 2, 2016

John Skelton and Brett Bartlett quoted by Bloomberg BNA

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John Skelton and Brett Bartlett were quoted in a story entitled “Subway, DOL Compliance Deal a New Template for Franchises?” by Bloomberg BNA on August 2 on how the Subway restaurant chain is partnering with the Labor Department to improve wage-and-hour compliance at its 27,000 franchised stores, creating a potential industry template but raising questions about joint employment. Skelton said that many franchisors do have software programs that they require their franchisees to utilize, and certain aspects of those software programs have been looked at as evidence of control, especially with related to wage-and-hour- and employment-related aspects of the relationship. Bartlett said that, in a straight FLSA case, he would envision if there were private litigation, he would be talking about the wonderful things that we did in partnership with the Wage and Hour Division to ensure we were in compliance with the laws, and that would help us to avoid that third year of exposure under the FLSA and potentially liquidated damages.