States Continue Joint Employer Push with Federal Relief on Horizon

August 15, 2017

The first half of 2017 sees the number of states passing proactive joint employer bills double to 18.

By Jeff Hanscom

With fireworks and backyard BBQs on the horizon, summer is in full swing. And with that, the vast majority of state legislatures have adjourned for year and concluded their 2017 business. Of the states that met for a legislative session in 2017, nine examined and passed legislation to restore the traditional definition of joint employer. Governors in South Dakota, North Dakota, Arizona, Wyoming, Kentucky, Arkansas, North Carolina and Alabama (with New Hampshire pending) all joined the growing list of states to have passed similar bills over the last three years. 2017 saw the total grow to 18 states.

Is your state on the list? The state bills are only one part of the multi-pronged approach to fixing the joint employment issue. As this issue went to press, U.S. Labor Secretary Alexander Acosta announced that the Labor Department is rolling back the National Labor Relations Board’s expanded joint employer doctrine set forth in the August 2015 Browning-Ferris Industries case. The development is a positive step for franchising, while there is still work to be done to codify a permanent solution.

Moving forward that solution on the federal level is where you come in. Every fall, IFA hosts the Franchise Action Network Annual Meeting. The FAN Annual Meeting, also known as the D.C. Fly-In, is your chance to meet with members of Congress to discuss issues of importance to you and your business. While there are undoubtedly a wide variety of issues potentially impacting your franchise business, joint employment is certainly among the top priorities, and the upcoming FAN Annual Meeting is a significant opportunity to showcase the actions of state legislatures across the country to the folks in D.C. The meeting takes place Sept. 11-13 in Washington, D.C. Join us and help do your part to protect and advance the franchise
business model!

Register: franchise.org/fan

Jeff Hanscom is Senior Director of State Government Relations & Public Policy for the International Franchise Association.