The
rules of the franchising industry are changing. The landscape of food retail
industry is evolving as well. We ask. Is
now the time to be selling your franchise back to the franchisor?
This
week the National Labor Relations Board has paved the way for franchisors to be
held responsible for the employment practices of franchisees, ruling that a
party doesn't have to actively supervise a staff to be regarded as a
"joint employer." So we ask
should you?
Here
is some background first. Last week, the NLRB
blocked
McDonald’s challenge of a preliminary ruling that stated a franchisor should be
viewed as a joint employer. To redefine large franchisors as joint
employers would challenge longstanding protocols of restaurant franchising, as
franchisees are generally responsible for employee recruitment, training, wages
and working conditions, as well as a number of daily activities central to
maintaining their staffs.
Deeming
franchisors joint employers would hold parent corporations legally accountable
for those employees, making them more vulnerable to lawsuits and a slew of
other regulatory actions enacted on workers’ behalf. So are you an
independent owner operator or not? That
is the question at the heart of the issue.
However
here at Foodservice Solutions® we think that restaurant franchising is still a
viable model if and only if the franchisor
is doing the right things including:
1. Abandoning brand
protectionism.
2. Expanded franchisee
rights in new non-traditional avenues of distribution.
3. Focusing on
merchandising verses category management?
Consumers
are dynamic and brands must be as well.
If your franchisor is doing the same thing they did 20 years ago and
doing it in the same way, then it just might be time to sell it back. As a franchisee you have helped build the
brand value?
Now
as new exciting avenues of distribution are opening up are you going to be able
to share in the opportunity? If your
company is still relying on category management techniques over merchandising
techniques you might be look at other options.
Invite www.FoodserviceSolutions.us to help ease your
company into the retail fresh food success. Since 1991 Foodservice Solutions® a
Tacoma, WA based retail foodservice consultancy has been the global leader in
the Grocerant niche. For product or brand positioning assistance contact Steve@FoodserviceSolutions.us or Grocerant on Twitter
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