The PRO Act: What Each Franchisor & Franchisee Needs to Know

Government Relations

The PRO Act: What Each Franchisor & Franchisee Needs to Know


Littler White Paper

Sponsored Content by Littler.


The Protecting the Right to Organize (PRO) Act of 2021 would make sweeping changes to U.S. labor law in an effort to strengthen unions, with franchise businesses (among others) at the losing end of the bargain.

The PRO Act is legislation that contains over thirty provisions and constitutes Big Labor’s “wish list” of policy priorities for 2021 and beyond. It is a high-profile bill, which passed the U.S. House (224-194) in February 2020, racked up forty-seven co-sponsors in the U.S. Senate, and has received the full-throated endorsement of President Joe Biden.

After the January 5, 2021 runoff election in Georgia, the makeup of the U.S. Senate is a 50-50 split between Democrat and Republican-held seats, with Vice President Kamala Harris casting a tie-breaking vote where votes are evenly split. An evenly divided Senate signals a difficult fight for Republicans in blocking anti-business proposals like the PRO Act. This memo describes which provisions of the PRO Act the Biden Administration may be empowered to enact administratively, even without congressional action.

About Littler

Littler’s Workplace Policy Institute® (WPI™) partners with the employer community to engage in legislative and regulatory advocacy efforts on issues that impact the workplace. We provide clients with unique insights into local, state and federal labor policy developments and work to affect workplace policies throughout the executive, legislative, and judicial branches of government.  Littler’s WPI harnesses the deep experience, expansive resources and focused dedication of the global leader in labor and employment law. Our team of attorneys ensure that policymakers in Washington and around the country hear the voice of employers. The WPI team is well versed in international, national and state policy to help organizations understand, comply with and address the laws, regulations and policy decisions that affect the employer community.