Why Franchisors Should Involve Litigators in FDD Updates

Navigating the American Franchise Act: A Game Changer for Franchisors

Update Understanding the American Franchise Act: An Essential Step for Franchisees The franchise sector serves as a foundational pillar of the American economy, driving innovation and supporting over 800,000 small businesses nationwide. However, the past few years have seen this vital industry navigate turbulent waters due to changing federal labor regulations that challenge its operational stability. The introduction of the American Franchise Act (AFA) seeks to chart a clearer course for franchisors and franchisees alike. What Is the American Franchise Act? Introduced in September 2025 by a bipartisan coalition led by Representatives Kevin Hern (R-OK) and Don Davis (D-NC), the AFA aims to establish a consistent definition of the "joint employer" standard specifically for franchising. This standard is crucial as it dictates when a franchisor can be deemed liable for employment issues arising at a franchisee's establishment. The legislative effort was catalyzed by an era of regulatory changes that have left many in the industry unclear about their legal standing. The Need for Stability Within the Franchise System The franchise sector has found itself in a precarious state over the last decade, with the joint employer definition oscillating dramatically based on the political climate. For instance, a landmark 2015 National Labor Relations Board (NLRB) ruling expanded franchisor liability, only to be modified multiple times in subsequent years. This regulatory yo-yo effect has made long-term planning difficult for franchise businesses and has resulted in increased costs and litigation. The AFA seeks to bring much-needed stability, allowing franchisors and franchisees to foresee future operations with greater confidence. Key Features of the American Franchise Act The AFA implements several pivotal provisions aimed at clarifying the franchisor-franchisee relationship. First, the Act distinctly defines the roles of franchisors and franchisees as independent employers. A franchisor only qualifies as a joint employer if it maintains direct control over critical employee-related decisions. This makes it essential for franchisors to structure operations in a way that limits liability—an outcome that will be welcomed by many in the industry. Additionally, the AFA safeguards franchisors from being unjustly held accountable for employment choices made by franchisees, as long as those choices are made autonomously. By crafting this regulatory framework, the Act limits litigation risks, a pressing concern for many franchise owners. Industry Response and Future Implications Broad support has emerged for the American Franchise Act, particularly from influential organizations such as the International Franchise Association (IFA) and the American Hotel & Lodging Association. Supporters advocate that this legislation will preserve small business autonomy, allowing franchisees to run their operations effectively without overreaching liabilities affecting franchisors. Franchisors contemplating expansion will find that the clarity provided by the AFA may spur investment opportunities and innovation. By removing the cloud of liability that stems from fluctuating employer definitions, they will be better positioned to develop their brand consistency and operational efficiency. Concluding Thoughts: Actionable Insights for Franchisors The American Franchise Act represents more than legislation; it signifies a turning point for businesses operating under the franchise model. Franchisors should closely monitor the Act’s progression and actively engage in discussions about its implications. By staying informed, they can leverage this knowledge to optimize operational strategies and enhance franchisee performance across various locations. The introduction of this Act not only simplifies the operational landscape for franchisors but also empowers franchisees, promoting their independent business ownership while minimizing unnecessary legal pressures. It is essential to recognize that clear regulations can lead to greater success and sustainability in the franchise environment. As the legislative process unfolds, it’s imperative that you stay informed and adapt your strategies to align with any new developments regarding the American Franchise Act. Take the time to understand its provisions and explore how they can be utilized to benefit your franchise operation.