No. Small, independent franchisees support the American Franchise Act (AFA) because it creates a clear line between brand protection and the day-to-day management of employees, which remains the sole prerogative of the independent franchisee.
The American Franchise Act is supported by numerous independent franchisee associations, and the leading trade association representing independent franchisee associations, the Coalition of Franchisee Associations, that says, a “consistent, well-defined joint employer standard is beneficial to the entire franchise community.”
A franchisor may still be held jointly liable when it possesses and exercises substantial direct and immediate control over one or more essential terms and conditions of employment of a franchisee’s employees, including when it actually determines wage rates, benefits, work schedules or disciplinary action.