Posts tagged franchisees
New federal rule could allow millions of workers to more easily unionize at big companies
November 16, 2023 // The rule only applies to labor relations. The Department of Labor sets its own joint employment standards for issues like meeting minimum wage requirements. Still, the new rule could have a major impact. Local franchise owners employ more than 8 million people in the U.S., according to the International Franchise Association. Millions more work for subcontractors or temporary agencies.
Fast-food prices hiked after California ups minimum wage
November 13, 2023 // In that January article, I called this “the iron law of California progressivism: Claim that new laws will help the poor. When the actual effect turns out to be catastrophic for the poor, blame capitalism/markets/billionaires/racism, and expand government control of the business. Rinse, repeat, and promote as a national — even global — model for equity. And if Californians have anything to say about it, AB 257 will be coming to you, no matter where you live in the United States.” Indeed, Biden’s forever-acting Secretary of Labor Julie Su has already expressed her unbridled enthusiasm for California’s policy. That’s no surprise, either: Su was California’s secretary of labor, and is closely tied to the union leadership behind a number of execrable labor policies. Among the most notorious is AB 5, the law that banned independent contracting in key industries, including Uber drivers and trucking companies. When AB 257 emerged from the same fetid philosophical swamp, there was Su, now part of the Biden administration, telling the bill’s supporters, “The Department of Labor stands with you. The Biden-Harris Administration stands with you.”
Op-Ed: Biden’s joint-employer rule is bad for workers
November 9, 2023 // Included in the Employee Rights Act are the commonsense provisions of the Save Local Business Act, which would provide much-needed clarity in determining joint-employer status and prevent franchise owners from becoming corporate middle managers. More specifically, the bills amend the National Labor Relations Act and the Fair Labor Standards Act to clarify that two or more employers must have “actual, direct, and immediate” control over employees to be considered joint employers. It rolls back a convoluted joint-employer scheme that threatens job creation and undermines the American dream, and it restores a commonsense definition of employer to provide certainty and stability for workers and job creators. Simply put, the Employee Rights Act seeks to update our nation’s labor policies to match the needs of the 21st-century worker and workforce.
Do we all work for the federal government?
November 6, 2023 // Under the NLRB’s reasoning, the federal government is a joint employer of all workers covered by these laws. It even says that joint employers include those who exercise “reserved control” — i.e., they don’t set standards, but they have the power to do so. That expands the definition of joint employer even more. Congress has the power to draft legislation affecting essentially any part of the economy. As such, it reserves the right to set standards for all workers, making the federal government a joint employer of anyone and everyone. It’s highly unlikely that unions or the NLRB will try to apply the new rule in this way, since it’s clearly beyond the pale. (Imagine Department of Labor officials bargaining with union officials over the future of workers at your mechanic, along with almost every other business you’ve ever patronized.) Yet if it’s wrong to say that Washington, D.C., is a joint employer over the economy’s workers, it’s equally wrong to make that claim about larger companies and the workers at their independent franchisees. It defies logic — and will injure millions of small businesses and their workers.
Franchisors may be more liable for employees under broadened joint employer rule
October 26, 2023 // The National Labor Relations Board just issued a final labor rule that broadens the joint employer rule to make companies jointly liable with their franchisees for labor terms and conditions such as union contracts, pay, scheduling, and more, reviving an Obama-era rule that was limited in scope during the Trump Administration. Moving forward, franchisors will likely need to become more involved in creating and enforcing workplace policies, something that previously was left mainly up to franchisees. According to the National Labor Relations Board, this is a legal course correction back to the way the joint employer rule originally worked. Related: Appeal of McDonald's joint employer settlement denied by Labor board “The Board’s new joint-employer standard reflects both a legally correct return to common-law principles and a practical approach to ensuring that the entities effectively exercising control over workers’ critical terms of employment respect their bargaining obligations under the NLRA,” NLRB chairman Lauren McFerran said in a statement. “While the final rule establishes a uniform joint-employer standard, the board will still conduct a fact-specific analysis on a case-by-case basis to determine whether two or more employers meet the standard.” Trade organizations and business groups have pushed back against the ruling, with the National Restaurant Association and Restaurant Law Center, stating that it will “create chaos and legal questions” across the industry, as restaurants with franchisees try to figure out how to change their operational policies to fit the new rule. Related: NLRB to rule on joint employer status by summer “Today’s final rule on joint employer is a heavy blow to small business restaurant operators,” Sean Kennedy, executive vice president for Public Affairs at the National Restaurant Association said in a statement, adding that almost one-third of the restaurant industry would be affected by this rule. “The rule upends employment policy, adopting a far-fetched definition of ‘employer’ based on ‘indirect or potential influence’ of an employee and then fails to define how ‘indirect control’ will count toward a joint employer relationship.” The previous rule, which was finalized by the Department of Labor under the Trump administration in Jan. 2020, adopted a four-part test for assessing whether a company is a joint employer of another company’s workers, like the franchisor-franchisee relationship. Previously, companies were given joint employer status if they exercised “direct and immediate control” over the key terms of another organization's employees, like a franchisee. Now, that definition has been expanded to companies jointly classified as "sharing or co-determining” employment terms (like pay, scheduling, workplace rules, etc.).
This New Labor Rule Could Be Trouble for McDonald’s
October 5, 2023 // McDonald’s and other franchise companies have made it clear they believe the stakes are high. The “reality is that our business model is under attack,” CEO Chris Kempczinski said of possible joint-employer regulations in a speech at a franchising industry conference in Las Vegas earlier this year, in remarks he also published on LinkedIn. Changes by the NLRB, he said, would transform franchisees “from independent small-business owners to employees of the parent brands.” Heightened joint-employer liability could hurt the franchise model in two main ways, according to the International Franchise Association. One possibility, along the lines of what Kempczinski described, is that a franchisor would exert more control over the franchisees. That undercuts one of franchisors’ big selling points to potential franchisees—that they’re offering a path to running their own business, with all of the freedoms that provides. It could also add compliance costs, and potentially, legal and liability expenses. Those increased costs are also a frequent worry for franchisees, says restaurant consultant John Gordon, principal at Pacific Management Consulting Group. Franchisees typically pay franchisors a percentage of their sales, and their profit comes after those fees and their operating expenses. Franchisees are “justifiably afraid of the franchisor passing costs onto them that weren’t part of the franchise agreement,” he says, and wary of joint-employer liability for that reason.
Gavin Newsom signs law raising minimum wage for California fast food workers. Here’s how much
September 28, 2023 // Future increases will be determined by the new nine-member council consisting of two representatives of the industry, two franchisees or restaurant owners, two employees, two advocates for employees and one neutral member of the public, who will serve as chair. It is set to hold its first meeting by March 1. Newsom pushed back against criticism that Californians will pay more for their Starbucks and McDonalds. He cited the The Fight for $15 movement, which raised the minimum wage to $10 per hour in 2016 and and $15 per hour last year.