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ADVOCACY IN ACTION<br />
Business Owners Testify on Joint<br />
Employment Standard<br />
Ciara Stockeland testifies Oct. 6 beofre the U.S.<br />
Senate HELP committee.<br />
Ciara Stockeland, owner and operator of<br />
Fargo, N.D.-based MODE designer outlets,<br />
testified before the U.S. Senate Committee on<br />
Health, Education, Labor and Pensions (HELP)<br />
Oct. 6 on behalf of the Coalition to Save Local<br />
Businesses (CSLB). IFA is a founding member<br />
of the coalition. Stockeland shared her story<br />
of small business ownership and asked the<br />
Committee to take action to reverse the U.S.<br />
National Labor Relations Board decision to alter<br />
the definition of joint employer.<br />
Nothing Bundt Cakes Franchisee Mara<br />
Fortin testifies before the U.S. Senate HELP<br />
Committee.<br />
“Our businesses are threatened because<br />
the NLRB’s new, ‘indirect’ standard may make<br />
employers liable for employees, even if they<br />
are not in their direct control,” she told the<br />
committee. “No longer can businesses be sure<br />
they will be safe from liability simply because<br />
they do not control the hiring, wages, or<br />
supervision of another business’s employees,<br />
Stockeland added. “No one can safely assure<br />
me or any other small business that we are safe<br />
from joint employer liability with our franchisees<br />
or contractors.”<br />
HELP Committee Chairman Sen. Lamar<br />
Alexander (R-Tenn.) stated in his opening<br />
remarks that the NLRB action represents “the<br />
biggest attack on the opportunity for small<br />
business men and women in this country to<br />
make their way into the middle class that we’ve<br />
seen in a long, long time.”<br />
Stockeland’s testimony occurred a week<br />
after three small business owners testified on<br />
Sept. 29 before the U.S. House Committee on<br />
Education and the Workforce, Subcommittee<br />
on Health, Employment, Labor, and Pensions.<br />
The owners requested action to reverse the<br />
NLRB decision to alter the joint employer<br />
standard. Mara Fortin, a California-based<br />
Nothing Bundt Cakes franchisee, stated in<br />
her testimony that from a legal, business<br />
and cultural perspective, “the joint employer<br />
standard is harmful to the future of my locallyowned<br />
business. The real world consequence<br />
of the NLRB’s decision is that it will lead to<br />
a loss of autonomy for local small business<br />
owners.”<br />
Burger King Franchisee Ed Braddy testifies<br />
before the U.S. Senate HELP Committee.<br />
Ed Braddy, a Maryland-based Burger<br />
King franchisee, echoed Fortin’s concerns,<br />
stating that, “among other devastating<br />
consequences, by expanding liability, I<br />
believe franchisors will be forced to protect<br />
themselves. The NLRB ruling will destroy<br />
the franchise model and franchisee small<br />
business owners along with it.”<br />
GROWTH<br />
2015<br />
FRANCHISE<br />
BUSINESS ECONOMIC OUTLOOK<br />
Franchise Businesses Create Jobs Faster than Other Businesses<br />
EMPLOYMENT 2007-2015:<br />
<br />
0.4%<br />
-0.9%<br />
-2.8%<br />
-5.2%<br />
-0.3%<br />
-0.8%<br />
2007-2008 2008-2009 2009-2010 2010-2011 2011-2012 2012-2013 2013-2014 2014-2015<br />
New Report Shows Steady Progress for<br />
Franchise Industry<br />
The franchise industry will continue to grow<br />
at rates that exceed economy-wide growth,<br />
according to the Franchise Business Outlook<br />
third quarter update report from the IFA<br />
Educational Foundation and IHS Economics.<br />
“Franchising is a growth engine for small<br />
businesses. Not only are franchises creating<br />
new businesses faster than other businesses,<br />
the outlook report signals steady growth<br />
in all franchise sectors over the last three<br />
months despite the struggles of the broader<br />
economy,” said IFA’s Educational Foundation<br />
President John Reynolds, CFE. The outlook<br />
forecasts a 1.6 percent increase in the<br />
number of franchise businesses in 2015,<br />
2.1%<br />
1.8%<br />
FRANCHISING<br />
2.3% 2.5%<br />
2.2%<br />
2.1%<br />
ALL BUSINESSES<br />
2.9%<br />
2.3%<br />
2.9%<br />
2.4%<br />
along with a 2.9 percent uptick in employment<br />
at franchise establishments — higher than the<br />
2.4 percent growth rate expected in private<br />
sector non-farm employment.<br />
Growth of the output of franchise<br />
businesses in nominal dollars will accelerate<br />
to 5.5 percent in 2015, while the gross<br />
domestic product of the sector will rise by<br />
5.2 percent to $521 billion. According to IFA’s<br />
Business Leader Survey completed Sept.<br />
21, IFA members are worried about NLRB’s<br />
change to the joint employer standard. The<br />
survey shows that 94 percent believe a<br />
change in the standard would raise the cost<br />
of doing business. Read the full Franchise<br />
Business Outlook Report here: http://www.<br />
franchise.org/sites/default/files/Franchise_<br />
Business_Outlook_September_2015.pdf<br />
Three new groups have reached agreements<br />
to develop a total of 27 new Del Taco<br />
restaurants within central California.<br />
Mike Sater inked a 20-store development<br />
agreement spanning six counties. His first two<br />
stores will open in Fresno and Clovis, and a<br />
third is planned for Merced, Calif.<br />
Edible Arrangements has opened its first<br />
franchise on a U.S. military base at Fort Bragg<br />
in North Carolina. Franchisees Laverna and<br />
Martinez Alexander will operate the location,<br />
serving more than 250,000 soldiers, retirees,<br />
family members and civilians.<br />
Sam Thompson has acquired the territory<br />
for the existing Valpak of Greater Charleston,<br />
S.C. The territory involves nearly 130,000<br />
households in Charleston, Mount Pleasant,<br />
Summerville, James Island, Goose Creek and<br />
Moncks Corner.<br />
9Round has opened a location in Bethlehem,<br />
Pa. The expansion represents the 250th club<br />
in the company’s franchise network.<br />
World of Beer has opened its first location in<br />
the New York City area, in Chelsea. The site<br />
features more than 5,000 square feet of space<br />
with a 1,200-square-foot indoor patio.<br />
Kit Burgess has purchased a<br />
new franchise for Steamatic in<br />
Warren, Mich. The location will<br />
serve northern Detroit.<br />
SpeedPro Imaging has relocated its<br />
corporate headquarters from Phoenix, Ariz.<br />
to Denver, Colo. The new space includes a<br />
training and technical support center.<br />
(Continued on page 8)<br />
FRANCHISING WORLD NOVEMBER 2015 7