The AAFD is pleased to forward the commentary we submitted on December 6, 2022, in response to the National Labor Relations Board (NLRB) request to comment on proposed amendments to the NLRB Joint Employer doctrine.

We urge all of our members and subscribers to review our commentary. If you agree and wish to endorse our position, or add your own comment to our submission, please use this LINK and follow the instructions that may be provided. Comments must be submitted by December 21st 11:59pm Eastern Time.

We know that many of our members are concerned, and even opposed, to the idea that their franchisor may be designated as a joint employer of a franchisee’s employees, but the threat is intended to only apply when a franchisor exerts excessive control over a franchisee’s operations (and in our view, excessively encroaches on a franchisee’s equity ownership in the franchised business). The AAFD has proposed a ‘Franchisor Exemption’ for any franchise system that recognizes and independent franchisee association AND has a franchise agreement that has been negotiated with the applicable owners association. We are hopeful that our proposed exemption will dramatically entice franchisors to embrace negotiated franchise agreements that respect franchisee rights and interests.

We appreciate our members comments and please feel free to forward this message as you desire.

AAFD Comments on Joint Employer Rule – December 2022