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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

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