INSIDE: Five key tools for protecting franchisors from new challenges related to joint-employer liability
Franchisor Protection Toolkit Introduction
T
he uncertainty surrounding joint-employment challenges to the franchising model have left many Franchisors wondering: “What should I be doing now?” Those of us in the franchise community will have to stay abreast of legal developments and be able to adapt to new best practices. And we’re going to need some tools to help us do that. While the National Labor Relations Board (NLRB) has prompted dialogue on jointemployment liability, it is important to keep in mind that the NLRB is neither a static nor the only voice on this issue. The NLRB itself could be subject to shifts in its makeup whenever a new president takes office. The opinions of various judges in varied jurisdictions – both lower and appellate courts – will surely have an impact as well. And many states have enacted statutes expressly stating that the Franchisor is not the joint employer of the Franchisee’s employees. We also know that franchising will survive this. From the beginning, the NLRB has said that Franchisors may be exempted from joint-employer liability to the extent their indirect control is limited to legitimate interests in protecting the quality of their product or brand. At the core of the joint-employer liability issue is the Franchisor’s ability to exercise control and the amount of control a Franchisor asserts over the Franchisee’s employees. The decisions in this area have and will presumably continue to evolve in a very fact-specific way, and they most certainly will reference the Franchisor’s operations and training manuals and Franchise Disclosure Document (FDD).
®
CONTENTS: Introduction
1
What’s the Big Deal Anyway?
2
An Ounce of Prevention - Audit Your System
3
Strategic Review
3
Operations Manual Review
4
The Train-the-Trainer Manual
5
Franchise Training Videos and Learning Management Systems
5
The Field Consultant Manual
6
©
iFranchise Group, 2016. All Rights Reserved.