Posts tagged Franchise
How Utah Is Protecting Workers Without the Baggage of Unions | Opinion
March 28, 2023 // Utah's Portable Benefit Plan is a national breakthrough for independent contractors, establishing a legal pathway for entities to offer fully voluntary benefits plans that self-employed workers can open on their own. Unlike employer-sponsored health plans for traditional employees that are tied to jobs, Utah's self-employed workers instead will soon have access to a variety of new benefits plans that are entirely their own and entirely portable for their evolving careers. The possibilities of products that may be established are broad, including the potential for health insurance, unemployment insurance, and disability insurance related products. There is even a pre-existing financial tool known as a "Utah medical care savings account" that self-employed Utahns may conveniently use to pay for their portable health insurance benefits and medical expenses. Many opponents of independent contracting argue that such workers are exploited and deserve the health care and other benefits that many traditional employees receive.
The PRO Act helps forced unionization while the ERA helps workers
March 9, 2023 //
NLRB puts union bull’s-eye on the franchise industry
January 2, 2023 // The National Labor Relations Board has proposed a dramatic overhaul of the franchise business model by reclassifying workers at restaurant or hotel chains as employees of the parent company, a move that would make it easier to unionize across the entire brand. Opponents warn that the change will devastate an industry employing 8.2 million people and contributing roughly 7% to the nation’s overall economic output. “This is going to hurt a lot of people, from someone coming out of the corporate environment looking to be an independent business owner to someone looking to start their career with an entry-level job to consumers who will have to pay $15 for a hamburger,” said Frank Caperino, who teaches franchise management at San Diego State University and owns multiple franchises.
Commentary: New California Law Will Cripple Its $20 Billion Fast-Food Industry
December 16, 2022 // California’s new law is in essence legislating away thousands of future jobs by preventing workers and employers from reaching employment agreements on their own terms. The law places failed union leadership above the interests of individuals who wish to work and business owners who wish to hire. And don’t be surprised if similar councils are formed in the future to organize workers in other industries. Unions are desperate for new recruits. After decades of losses, it appears that the only way that they can grow is by having legislators take away the freedoms that are crucial for individual prosperity and economic growth.
I4AW submits regulatory comments; shows support for worker freedom and flexibility
December 13, 2022 // The Department of Labor (DOL) and the National Labor Relations Board (NLRB) are doubling down on overreaching tactics that could have job-killing consequences for independent workers and franchise businesses.
What Home-Based Care Agencies Should Know About The Independent Contractor Proposed Rul
November 29, 2022 // “In other words, just the ability to manage somebody that is not exercised in any way can be considered employment. I think that takes it a step too far. The question should really be about what is actually occurring, not what is possible.”
A fearful October for entrepreneurs
October 29, 2022 // The National Labor Relations Board (NLRB) is coming after the almost 800,000 franchise owners who employ 8.5 million people. The board’s proposed “Joint Employer” rule, would have catastrophic effects on the franchise industry and restrict the opportunities of small business owners who are franchisees. The NLRB rule would force franchisors — distant corporate headquarters — to come between franchisees and their employees. It would do so by making both the headquarters and the small business employers of workers at the franchisees’ store. Franchisors would become jointly liable for employment issues involving workers or contractors who are employed or “directly controlled” (as the current standard notes) by a small business.
Conservative group launches effort to fight Biden administration workplace rules
October 28, 2022 // If implemented, the new rules could restrict independent contracting, which would force some freelancers to reclassify as employees, and broaden the definition of joint employment, making it harder to own and operate franchise businesses. Because these rules are being proposed by executive branch agencies, they do not go through rounds of debate and votes in Congress. However, under the 1946 Administrative Procedures Act, they must go through a public comment period to receive feedback before being implemented. This is where the group, Heritage Action for America, is trying to make an impact, soliciting comments from the public via a new website.
What expanding the “joint employer” rule will mean for unions
September 8, 2022 // That’s changing now that Democrats are in the White House, and Democratic appointees control the Labor Department and National Labor Relations Board. For instance, the NLRB has just proposed a new labor-friendly rule on “joint-employer” status intended to reverse a Trump-era rule that was more friendly to employers. The NLRB’s new proposed joint-employer rule will make it easier for employees who work for a contractor, staffing or temp agency, or franchise, to drag the big companies higher up the employment chain into labor disputes.
Op-ed: Big Labor Eats Small Business in California
August 31, 2022 // America’s leading antibusiness policy incubator, also known as the state of California, is at it again. The state Assembly passed the so-called FAST Recovery Act in January. It was approved by the Senate Appropriations Committee on Aug. 11. The next stop will be a vote on the Senate floor, followed by Gov. Gavin Newsom’s desk. If the bill becomes law, it will drive up fast-food prices as much as 22% and wipe out the franchise business model, which provides nearly 800,000 jobs in the state.