A6: Huge implications! As I testified before Senate HELP committee in Feb. 2015, not being able to bring labor and employment charges against the true player who is meaningfully controlling the workplace means not being able to hold the right party accountable!! #EmpLawChat
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A6: This not about mom & pop small franchisees as international franchise association would have it. This about retail and fast food organizations which hide behind joint employer doctrine to avoid liability for wage theft, anti-union behavior, and sexual harassment.
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Yet want to dictate what happens at each store down to the color shoe laces. If we could really get good guidance, we'd be much better off.
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Not true
@k8bischHRLaw. We are talking about same common law standard from 1960s. Same law across all workplace laws: does the parent, franchisor, etc. have "meaningful control" over the workplace. Not remotely about "shoe laces"#EmpLawChat -
But you can't adopt the franchisor's handbook as your own and not have the franchisor on the hook for some problems. Right?
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End of conversation
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A6(a): Chic-fil-A has the best model where franchise owners are vetted (not just financial), is required to work in the franchise, must be actively involved in the local community, and the corporation provides fantastic training. Joint Employer not a problem there.
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A6: In short, narrowing of joint employer doctrine by Congress would help worst workplace employee abusers get away with it by passing the buck to franchisees and others who cannot be sued as effectively or readily.
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A6: For large franchises the impact would be significant. It would create a huge compliance monster within the franchise model that could impede expansion. Consequences need to be so severe that it deters (ha ha) bad employment decisions.
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