Hiring and Retaining Engaged and Invested Employees

04/27/16

May 2016 Interested in franchising or just have a craving for knowledge (and food)? Come join us on May 4th at Maggiano’s North Park in Dallas for the first quarterly breakfast the Joe Merlot business idea exchange! We have three…

WEBSITE ACCESSIBILITY AND THE ADA

08/21/17

The Americans with Disabilities Act (ADA) has now been in place for 27 years. As the first comprehensive civil rights law to focus on the basic and universal needs of people with disabilities, the ADA prohibits discrimination and guarantees people with disabilities the same opportunities as everyone else to participate in mainstream life.

The law’s core purpose is to ensure that persons of all abilities have physical access to public spaces. The scope of the physical accessibility requirement was heavily litigated throughout the 1990s, before the Internet became a meaningful presence in everyday life. The growing popularity of online transactions, however, has spawned a new wave of litigation focused on the ADA’s application to commercial websites. In the absence of statutory or regulatory guidance, plaintiffs have turned to the courts, and the developing body of case law makes clear that the ADA accessibility requirements fully apply to commercial websites, as their own “place of accommodation” or simply an extension of the business that they represent.

Lucia Marett v. Five Guys Enterprises LLC, for example, involved a website that enabled customers to place online food orders for pick up or delivery. Five Guys moved to dismiss the case, arguing that Title III of the ADA did not apply to websites and, even if it did, the case was moot because the web site was already in the process of being updated. In denying Five Guys’ motion to dismiss, the U.S. District Court for the Southern District of New York held that Title III of the ADA applied to the web site, and rejected Five Guys’ other arguments. In support of its ruling, the Court cited both the text of the ADA and its broad legislative purpose, and held that Title III applied to the web site, either as its own place of accommodation or as an extension of the services provided by Five Guys’ restaurants. The Court was not persuaded by efforts to modify the web site because the necessary modifications had not been completed, and there was no assurance that further accessibility issues would not remain.

More recently in Gil v. Winn Dixie, a visually‐impaired plaintiff claimed he could neither fully access the Winn Dixie store website using his screen reader nor use the features of the site. The website contained a variety of coupons, store information, prescription refill options, and other services. There, the Court did not feel it necessary to reach the issue of independent coverage, finding instead that the web site was “heavily integrated” into Winn Dixie’s brick and mortar stores and served as a bridge to the physical locations. The court held that Gil and other visually impaired customers had a right to access Winn Dixie’s website and enjoy equal access to the services, facilities, and advantages provided therein, and further held that Winn Dixie failed to prove that it would be unduly burdensome to modify its website and make it accessible. Therefore, the Court granted injunctive relief and recovery of attorneys’ fees.

The Five Guys’ ruling instructs that a business conducting business in cyber‐space must comply with Title III accessibility requirements, and Winn Dixie cautions that bricks and mortar locations that expand their product and service offerings through an online presence must ensure compliance with respect to that platform as well. The current “standard” for accessibility compliance appears to be compliance with the WCAG 2.0 Guidelines.

(For more information see https://www.w3.org/WAI/intro/wcag ). 7/31/2017 By: Laura Canada Lewis

Franchise Times announces Cheryl Mullin as one of this year’s Legal Eagles

04/27/16

April 2016 Franchise Times announces Cheryl Mullin as one of this year’s Legal Eagles for her contributions and legal expertise in franchising. Cheryl is the founding shareholder of Mullin Law, PC, a full service commercial law firm located in the…

Cheryl Mullin was announced by D Magazine as one of this year’s Best Lawyers in Dallas

04/27/16

April 2016 Cheryl Mullin was announced by D Magazine as one of this year’s Best Lawyers in Dallas. Cheryl is the founding shareholder of Mullin Law, PC, a full service commercial law firm located in the Dallas-Fort Worth area, and…

Congrats Farheen Ibrahim and Kelly Davis!

04/27/16

January 2016 We want to congratulate our two of our attorneys, Farheen Ibrahim and Kelly Davis, on becoming members of the Dallas Bar Association’s Franchise Section Board.

Greg Dimmick and Laura Lewis Successful Argument

04/27/16

January 2016 In a two week arbitration, while representing one of our firm’s franchisor clients, Greg Dimmick and Laura Lewis successfully argued the validity of a contractual lost future royalties liquidated damages provision that resulted in our client winning an…

The Wage and Hour Division’s New Guidance Addressing Joint Employment

02/17/16

On January 20, 2016, Dr. David Weil, the Administrator of the Wage and Hour Division of the Department of Labor (“WHD”), published the first Administrator’s Interpretation of the year (“Administrator’s Interpretation”). This Administrator’s Interpretation specifically addressed joint employment under the Fair Labor Standards Act (“FLSA”) and Migrant and Seasonal Agricultural Worker Protect Act (“MSPA”), in an effort to offer additional guidance for the treatment of joint employment under these two statutes.[1] The FLSA and MSPA are both worker protection acts. The FMLA requires employers to provide employees with unpaid, job-protected leave for qualified medical and family reasons. The Migrant and Seasonal Agricultural Worker Protect Act (“MSPA”) “protects migrant and seasonal workers by establishing employment standards related to wages, housing, transportation, disclosures and recordkeeping,” and requires farm labor contractors to register with the DOL.[2] Both statutes are under the purview of the WHD.

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Procedural Update on NLRB’s Browning Ferris Joint-Employer Decision

02/16/16

The NLRB issued its landmark decision in Browning-Ferris on August 27, 2015.[1] Browning-Ferris (“BFI”) operated a recycling business that directly employed 60 employees.[2] It also used Leadpoint, a subcontractor, to provide an additional 150 staff members to sort recyclable materials from waste and to clean the facility.[3] Under the services agreement between the two companies, the Leadpoint employees were to be screened, hired, disciplined, and supervised by Leadpoint but allowed BFI to involve itself in hiring, discipline, scheduling, and wages of the employees. Notably, the agreement prevented Leadpoint from paying its employees more than BFI, required Leadpoint applicants to undergo drug testing and prohibited Leadpoint from hiring workers that BFI had already rejected, provided BFI the right to discontinue use of Leadpoint employees, and permitted BFI to control the productivity pave of Leadpoint employees and timing of their shifts.[4]

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Mullin Law, PC lawyers making law!

01/3/15

Greg Dimmick of Mullin Law PC won a recent case in the Ft. Worth court of appeals regarding jurisdiction. Using Mr. Dimmick’s reverse corporate veil piercing arguments, the Court held that our Plaintiff could properly sue a UAE corporation with…

Laura Hayes re-elected to the Board of the Dallas Franchise Law Section.

01/3/15

Mullin Law, PC congratulates Laura Hayes on her recent re-election to the governing board of the Dallas Bar Association’s Franchise Law Section.  She will serve a second term as a member of the Board through 2015, while she continues to…

Giving Back!

01/6/15

December, 2014 Mullin Law, PC lawyers give back to the community at Christmas-time by filling and donating stockings for all the women living at the battered women’s shelter over the holiday. It was a fun project for a great cause!…

Mullin Law Franchise Sales Seminar Dec 2011

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Mullin Law Franchise Sales Seminar Dec 2011

01/31/12

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Mullin Law, PC Featured Speaker AT IFA 2010 Franchise Development Seminar Series on April 28

04/26/10

DALLAS – April 26, 2010 – Mullin Law, PC, a premier commercial law practice with an emphasis on franchise law, will be a featured presenter at the International Franchise Association’s 2010 Franchise Development Seminar Series on Wednesday, April 28 in…

Mullin Law, PC Hires New Franchise Attorney, Christianne Edlund

04/21/10

DALLAS – Mullin Law PC, a premier commercial law practice with a specialty in franchise law, announced the recent hiring of attorney Christianne Edlund. In her new position, Christianne will focus her practice in the areas of franchise regulatory compliance,…

Learn Franchise Best Practices at Seminar “How to do it. How to do it Right” in Dallas on April 15

03/29/10

DALLAS – Mar. 29, 2010 – Mullin Law, PC, a premier commercial law practice with an emphasis on franchise law, in conjunction with the strategic franchise consulting firm, the iFranchise Group, and Dallas-based franchise sales specialist, The Entrepreneur Authority, will…

Mullin Law, PC to Host 2010 Franchising Business Roundtable Event on Jan. 28

01/14/10

Featured Speakers to Address Franchise Business, Labor and Regulation Topics DALLAS – Jan. 14, 2010 – Mullin Law, PC, a premier commercial law practice with an emphasis on franchise law, announced the second annual franchising business roundtable scheduled for Thursday,…

Mullin Law, PC Expands Practice Leadership with Shareholder Grant Walsh

01/12/10

Walsh Also Appointed as Managing Director of Litigation and Dispute Resolution DALLAS – Jan. 12, 2010 – Mullin Law, PC, a premier commercial law practice with an emphasis on franchise law, named attorney Grant Walsh a shareholder in the Firm…

Mullin Law, PC Merges with Rybicki Law Firm, PLLC

12/17/09

Business and Commercial Law Practice Expands with Acquisition of Growing Firm DALLAS – December 17, 2009 – Mullin Law, PC, a premier commercial law firm with an emphasis on franchise law, announced its merger with Rybicki Law Firm, PLLC. Klint…

Mullin Law, PC Wins Summary Judgment and Validation for Lt. Col. Batie

10/22/09

Ruling States Restaurant Franchisor SUBWAY Violated Soldier’s Rights DALLAS, Oct. 22, 2009 – Mullin Law, PC, a premier commercial law practice with an emphasis on franchise law, won a substantial, partial summary judgment ruling on behalf of Lieutenant Colonel Leon…

Dallas Franchise Industry Leader Urges Congress to Consider Small Businesses in Healthcare Debate

09/22/09

Mullin Law, PC represented small businesses and franchises in Washington, D.C. WASHINGTON, D.C. – Sept. 22, 2009 – Kelly Ganzberger, attorney with Mullin Law, PC of Dallas, Texas, met with members of the Texas delegation about health care reform and…