[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1104 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 1104
To ensure that an employment relationship is not established between a
franchisor and a franchisee if the franchisor engages in certain
activities, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Mr. Braun introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To ensure that an employment relationship is not established between a
franchisor and a franchisee if the franchisor engages in certain
activities, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protections for Socially Good
Activities Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Employment relationship.--The term ``employment
relationship'' means any type of joint employer relationship,
single employer relationship, or other employment-related
status or relationship under any of the laws described in
section 3(b).
(2) Franchisee.--The term ``franchisee'' means a
franchisee, as defined--
(A) in section 436.1(i) of title 16, Code of
Federal Regulations, as in effect on the day before the
date of enactment of this Act; or
(B) under an applicable State franchise law.
(3) Franchisor.--The term ``franchisor'' means a
franchisor, as defined--
(A) in section 436.1(k) of title 16, Code of
Federal Regulations, as in effect on the day before the
date of enactment of this Act; or
(B) under an applicable State franchise law.
SEC. 3. SAFE HARBOR.
(a) In General.--For the purposes of each law described in
subsection (b), none of the following may be construed, alone or in
combination with any other factor, as establishing an employment
relationship between a franchisor (or any employee of the franchisor)
and a franchisee (or any employee of the franchisee):
(1) The franchisor (or any employee of the franchisor)
provides the franchisee (or any employee of the franchisee)
with, or requires the franchisee (or any employee of the
franchisee) to use, a handbook, or other training, on sexual
harassment, human trafficking, workplace violence,
discrimination, or opportunities for apprenticeships or
scholarships.
(2) The franchisor (or any employee of the franchisor)
requires the franchisee (or any employee of the franchisee) to
adopt a policy on sexual harassment, human trafficking,
workplace violence, discrimination, opportunities for
apprenticeships or scholarships, childcare, or paid leave,
including a requirement for the franchisee (or any employee of
the franchisee) to report to the franchisor (or any employee of
the franchisor) any violations or suspected violations of such
policy.
(3) The franchisor (or any employee of the franchisor)
requires the franchisee (or any employee of the franchisee) to
adopt a policy based on the novel coronavirus (referred to in
this paragraph as ``COVID-19'') pandemic such as the use of
personal protective equipment or other policies, or the
franchisor (or any employee of the franchisor) provides the
franchisee (or any employee of the franchisee) with personal
protective equipment or other material goods or compensation to
help the franchisee (or any employee of the franchisee) during
or due to the COVID-19 pandemic.
(b) Laws.--The laws described in this subsection are each of the
following:
(1) The National Labor Relations Act (29 U.S.C. 151 et
seq.).
(2) The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et
seq.).
(3) The Occupational Safety and Health Act of 1970 (29
U.S.C. 651 et seq.).
SEC. 4. PREEMPTION.
Except with respect to the definitions of the terms ``franchisee''
and ``franchisor'' under section 2, this Act shall preempt any State
law to the extent that such State law is inconsistent with the
provisions of this Act.
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