That picture is painted with a brush that is far too wide. They have suggested that franchisors exercise control over franchisees by virtue of their ownership of the goodwill associated with the trademark, the right to approve the location of a franchised business, controlling suppliers, and setting hours of operation, among others. Those letters, by and large, paint a picture that suggests virtually all franchisors exert unlimited control over their franchisees and their staff. We are aware of previous letters written by other franchisee advocacy groups in support of a broad rule related to franchisors becoming joint employers with their franchisees. In 2019, the American Bar Association Forum on Franchising conferred its “Lewis Rudnick Award” on Lee, in recognition of his excellence in the field of practice. Who’s Who Legal of London concluded a global peer review and ranked Lee as the top global franchise lawyer in 2018, 2019, and 2020, after having been ranked as the top practitioner in North America from 2013 to 2017. Lee Plave is a founding partner of Plave Koch, one of the country’s leading law firms representing franchisors. Chambers USA has called him “the nation’s premier franchisee attorney.” He is also an advisor to the Special Franchise Project Group of the North American Securities Association. He was the first franchisee lawyer ever elected to be chairman of the American Bar Association’s Forum on Franchising, and acts as outside general counsel to the Coalition of Franchise Associations, as well as many of the nation’s largest franchisee associations. Ron Gardner is a founding partner of Dady & Gardner, P.A., the nation’s leading firm representing franchisees. ![]() We represent both franchisors and franchisees. In particular, we address ourselves to Section 101(a) – the definition of the term “joint employer.” As presently drafted, Section 101(a) may be broad enough to render franchisors a “joint employer” of their franchisees’ employees. Working with the International Franchise Association ( IFA), Coalition of Franchisee Associations ( CFA), and their members –a collection of franchisors, franchisees, franchise associations and suppliers – we wish to respectfully submit some top-level thoughts on the proposed PRO Act (HR 842) that is pending before the House. Re: Protecting the Right to Organize (PRO) Act (HR 842) Health, Education Labor and Pensions Committee ![]() Lee and Ron wrote in their individual capacities as lawyers with substantial experience representing franchisors and franchisees, and not on behalf of their law firms.īy writing the letter in conjunction with one another, Lee and Ron conveyed the message that as drafted, the joint employment standard in the PRO Act pending before Congress is undesirable – not only to franchis ors, but also to franchis ees. ![]() Ron is a partner with Dady & Gardner of Minneapolis, one of the country’s leading law firms focusing on franchisee representation. ![]() Senate Committee on Health, Education, Labor and Pensions concerning the pending joint employer provisions of the PRO Act. House Committee on Education and Labor and the U.S. Our partner Lee Plave, together with Ron Gardner, jointly wrote to the Chair and Ranking Members of the U.S.
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