According to the Government of Canada, “Canada and the United States enjoy the longest, deepest, most peaceful, and mutually beneficial relationship between any two countries in the world.
One of the recent concerns for both franchisors and franchisees in the US has been the uncertainty created by regulatory efforts to have franchisors held liable as a “joint employer” of the employees of their franchisees. Most prominent of these efforts has been the National Labor Relations Board’s (“NLRB”) actions asserting that McDonald’s is a joint employer of its franchisees’ employees.
Franchisee employees may be considered “joint employees” of the franchisor for purposes of collective bargaining and other employment issues under the National Labor Relations Board’s recent decision in Browning Ferris Industries of California, Inc. (BFI), a decision that could expose franchisors to labor law liability for conducting common franchisor activities.
The U.S. Food and Drug Administration (FDA) recently finalized two rules requiring calorie information on menus and menu boards in restaurants and retail food establishments that are part of a chain of 20 or more locations, doing business under the same name, and offering substantially the same menu items.