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Are Recent Regulations Dooming Franchising?
Despite the obstacles that franchise businesses have faced in recent years, franchising has persevered and continues to stand strong and grow. The International Franchise Association (IFA), in its most recent 2024 Franchising Economic Outlook released in February (2024 Franchising Economic Outlook), found that franchising in 2023 exceeded projections and expanded by about 2.2% to reach a total of over 806,000 franchise establishments, approximately 18,000 more than in 2022. Franchising's contribution to the overall 2023 economy remained stable at 2.9% (over $850B). Franchise employment in 2023 also increased 2.9%, with an estimated 200,000+ jobs.
For 2024, the IFA report indicates that all these franchise industry metrics are expected to increase, and notably, franchise employment is expected to continue to grow by 2.6% adding over 200,000 jobs to the economy. So, franchise businesses have contended well with the challenges created by legal regulation, high inflation, labor shortages and, to a lesser extent, supply chain issues.
In 2024, however, franchising may need to overcome and work around the recent government regulation that goes to the very heart of the franchising relationship and the way franchise businesses operate, including whether franchisors can be considered employers of franchisees and franchisee employees. These laws and regulations could have significant negative ramifications from a labor and employment liability aspect and put the franchise model at risk.
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Bonus Content: How Emerging Technologies Are Impacting IP: A Chat With Legalweek Speaker Ryan Phelan
In advance of Legalweek '25, a Q&A with conference speaker Ryan Phelan, a partner at Marshall, Gerstein & Borun and founder and moderator of legal blog PatentNext, to discuss how courts and jurisdictions are handling novel technologies, the copyrightability of AI-assisted art, and more.
Overview of Regulatory Guidance Governing the Use of AI Systems In the Workplace
Businesses have long embraced the use of computer technology in the workplace as a means of improving efficiency and productivity of their operations. In recent years, businesses have incorporated artificial intelligence and other automated and algorithmic technologies into their computer systems. This article provides an overview of the federal regulatory guidance and the state and local rules in place so far and suggests ways in which employers may wish to address these developments with policies and practices to reduce legal risk.
Is Google Search Dead? How AI Is Reshaping Search and SEO
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While Federal Legislation Flounders, State Privacy Laws for Children and Teens Gain Momentum
For decades, the Children’s Online Privacy Protection Act has been the only law to expressly address privacy for minors’ information other than student data. In the absence of more robust federal requirements, states are stepping in to regulate not only the processing of all minors’ data, but also online platforms used by teens and children.
Revolutionizing Workplace Design: A Perspective from Gray Reed
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