The joint employer standard remains one of the most consequential—and volatile—issues shaping the future of franchising. With the American Franchisee Act under congressional consideration, the SEIU’s challenge to the 2020 joint employer rule pending before the D.C. Circuit, and the NLRB’s enforcement action against Amazon as an alleged joint employer with its delivery service partners, the stakes for franchisors have never been higher. This advanced session will analyze the emerging federal landscape under both the National Labor
Relations Act and the Fair Labor Standards Act, while exploring how state-level joint employer statutes—many crafted to reinforce the franchise model—are influencing the balance of power between franchisors and franchisees.

Panelists will discuss:

• The potential implications of the American Franchisee Act and current D.C. Circuit litigation for the definition of “control.”
• How ongoing federal enforcement actions could reshape employment relationships and franchise liability.
• The divergence between federal and state joint employer frameworks and how counsel can navigate compliance amid conflicting obligations.

Attendees will gain forward-looking insights into how the next phase of joint employer regulation could redefine franchise operations, workforce models, and risk management strategies.