I 111th CONGRESS 1st Session H. R. 2197 IN THE HOUSE OF REPRESENTATIVES April 30, 2009 Ms. Bean (for herself and Ms. Corrine Brown of Florida) introduced the following bill; which was referred to the Committee on Small Business A BILL To assist the Administrator of the Small Business Administration to determine whether a franchisee is affiliated with a franchisor in the temporary employee services industry, and for other purposes.

1.

Short title

This Act may be cited as the Temporary Employees Franchise Improvement Act of 2009.

2.

Temporary Employee Services Franchises

In determining whether a franchisee is affiliated with a franchisor in the temporary employee services industry, the Administrator of the Small Business Administration shall— (1)continue to apply historically considered affiliation factors in determining whether a business is affiliated with another business or the franchisor in the temporary staffing industry; (2)promulgate such other rules and regulations as necessary to determine affiliation within the temporary employee services industry as the Administrator determines consistent with the Small Business Act; and (3)consider the processing of payroll and billing by a franchisor as customary and common practice in the temporary employee services industry that does not provide probative weight on affiliation, to the extent that the temporary staffing personnel are interviewed, hired, trained, assigned, and subject to discharge by the franchisee.