Legal news that affect small businesses and franchises, or legal advice for franchise owners

Negotiating Your Franchise Agreement or Letter of Intent

Although franchise agreements are often not negotiable, there are times when it's possible, according to this article. It offers guidelines on what those circumstances might be and what to look for.

One critical way to engage in smart growth, for both new comers to the industry and for more experienced players looking to build out their portfolios, is to pay close attention to the terms of your typically long-term franchise agreements.

...A few key provisions of the franchise agreement that can and should be negotiated include:

NLRB Proposes New Rule to Revert Franchisor Liabilities to Franchisees

A 60-day public comment period on a proposed NLRB rule affecting whether or not franchisors and franchisees have a joint employer relationship begins today. The five-member National Labor Relations Board, with the majority appointed by President Trump, has started the ball rolling on taking the joint employer liability relationship between companies and their contractors back to an earlier standard which was more franchisor friendly.

NLRB Rejects McDonald's Settlement Deal in Joint Employer Case

The National Labor Relations Board rejected a proposed settlement with McDonald's and fast food workers in regard to McDonald's wanting to avoid being considered a “joint employer” with its franchisees for their alleged labor law violations. UPDATE: REQUEST TO APPEAL

8 Franchisors Halt ‘No-Poach’ Hiring Policy

A report last year by two Princeton economists, stating that no-poach clauses could lock workers into low-wage jobs, caught the attention of the Washington State attorney general. Now Applebee’s, Church’s Chicken, Five Guys, IHOP, Jamba Juice, Little Caesars, Panera Bread and Sonic have just concluded agreements with his office to cease the previously widespread practice—not just in the state, but nationwide. Earlier in the year Arby's, Carl's Jr. and McDonald's made their own agreements with the Washington state AG to drop their no-poach clauses, also nationwide.