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Franchise Protection: Safety Training Does Not Create Joint Employment Status.

This bill clarifies that when a franchisor provides franchisees with training or policies on important social issues like workplace safety, discrimination, sexual harassment, or COVID-19 protocols, this action alone cannot establish a legal joint employment relationship. The goal is to protect the franchise business model by ensuring franchisors are not automatically deemed 'joint employers' under major federal labor laws. This maintains the existing structure where the individual franchisee remains primarily responsible for their employees' wages and working conditions.
Key points
Franchisors can provide training and require policies on social issues (e.g., anti-discrimination, paid leave, human trafficking) without becoming legally responsible for the franchisee's employees' wages or working conditions.
The protection applies specifically to federal laws governing minimum wage (FLSA), union rights (NLRA), and workplace safety (OSHA).
Requiring or providing COVID-19 related policies or equipment (like PPE) cannot be used as evidence of an employment relationship.
The Act overrides conflicting state laws regarding the definition of an employment relationship in the franchise context.
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Additional Information
Print number: 118_S_1104
Sponsor: Sen. Braun, Mike [R-IN]
Process start date: 2023-03-30