Is Franchising Really Doomed in 2024?
In this article, Marc Lieberstein and Chris Caiaccio discuss recent legislative developments that represent the clearest attack on the franchise model to date that may present challenges to the growth of franchising in the year ahead.
February 20, 2024 at 10:00 AM
10 minute read
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 | International Franchise Association), 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.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllFrom ‘Deep Sadness’ to Little Concern, Gaetz’s Nomination Draws Sharp Reaction From Lawyers
7 minute readDeposing Former Mayor Bill de Blasio; Misrepresentations To Induce Investment: This Week in Scott Mollen’s Realty Law Digest
Post-Pandemic Increase in Live Events Prompts Need for Premise Liability Action
7 minute readLaw Firms Mentioned
Trending Stories
- 1While Data Breaches May Lead to Years of Legal Battles, Cyberattacks Can be Prevented
- 2The Definition of Special Employment
- 3People in the News—Nov. 21, 2024—Willig Williams, Hangley Aronchick
- 4Rawle & Henderson Hires New Del. Managing Partner
- 5Divided State Court Reinstates Dispute Over Replacement Vehicles Fees
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250