It’s Baaack, Only One Year Later: AB 257 Attacks Franchise Restaurant Model | Lewitt Hackman

On January 31, 2022, the California Point out Assembly handed AB 257, the Fast Foods Accountability and Standards Restoration Act (Rapidly Restoration Act, or the “Act”) by a vote of 41-19. The invoice was initially launched in January 2021 by Assembly Member Lorena Gonzalez, but was thankfully defeated by the whole Assembly in June 2021.

Unfortunately, the invoice was reintroduced in January 2022 by Assemblyman Chris Holden, a previous Subway franchisee, considering that Lorena Gonzalez is no for a longer period an Assembly Member. The bill will now be viewed as by the California Senate in late March or early April. In accordance to the Act:

“…for many years, the quickly food sector has been rife with abuse, small fork out, few benefits, and nominal career stability, with California employees matter to significant costs of work violations, such as wage theft, sexual harassment and discrimination, as effectively as heightened overall health and safety risks.”

AB 257 supporters think that the Act would treatment these alleged abuses with a myriad of invasive requirements that would destruction the quickly foods cafe franchise model, franchisors, franchisees and employment options for countless numbers of quick food restaurant workers. For case in point, the Act would:

  • Establish a Quick Meals Sector Council (Council) of 11 unelected users appointed by the Governor, the Speaker of the Assembly and the Senate Principles Committee – to regulate the procedure of quick food restaurants in California. Only four members need have quick food stuff restaurant expertise.
  • Demand the Council to standardize bare minimum wages, most hrs and other performing situations for rapidly foodstuff cafe staff at restaurant franchisees and franchisors with 30 or additional dining places in the U.S.
  • Oblige rapid foodstuff restaurant franchisors to oversee their franchisees’ compliance with sure employment and worker general public wellbeing and safety legal guidelines.
  • Impose joint and many legal responsibility on speedy foodstuff restaurant franchisors for penalties or fines that result from their franchisees’ violations of employment and worker community wellbeing and security legislation.
  • Permit quick foods restaurant franchisees to file legal actions towards their franchisors attacking specified provisions of their franchise agreements.
  • Deem waiver and indemnification provisions in franchise agreements in favor of franchisors opposite to community policy, void and unenforceable.

If voted into legislation, AB 257 would be almost nothing brief of a disaster for California quickly meals franchisors, franchisees and their personnel. It is probable that subsequent passage, quick food stuff franchisors would cut again on their franchising action in California, costing the point out tax profits and dropped franchisee and work possibilities. The bill could also hamper the California restaurant industry’s recovery from COVID-19.