David Barr
speaker
302 appearances
2 recordings
1 series
first heard Nov 2020
last heard Dec 2020
David Barr’s voice in public audio — every appearance, attributed to the second.
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Appearances
So they didn't even have to kind of state or show factual basis that there was actual indirect control, but potential.
Where does that play out?
It plays out in our daily lives in a variety of different areas.
I'll give a simple one that's non-franchising just so people could think about it.
If a restaurant engaged a company to do valet parking service for them and the valet parking service
hired someone to do the valet parking and historically that would be direct control from valet service to that valet and the restaurant would not have liability if in fact let's say that valet service didn't pay that individual who was parking the cars didn't pay him overtime the restaurant would have nothing to do with it right they hired a contractor
Under this rule, indirect control would say no.
The restaurant, by controlling the employer of this employee,
actually is the new employer.
So how does that play out in franchising?
As we think through franchising, which has another nuance to it, we have franchisors who
engage or then sell or not only sell, but license their trademarks to franchisees.
Those franchisees operate under a business model in accordance with the franchisor's policies and procedures.
And that franchisee then goes out and hires people.
Well, under this theory, the person who has indirect control is really the franchisor.
And the franchisor, then, the employee of the franchisee becomes the employee of the franchisor.
And if you do that, now it gets a little more nuanced.
There's a theory, and not everyone agrees with this, but I would say many agree.
Smart people in franchising agree with this, that if all of a sudden the franchisor is just one large employer, then clearly that employer could also be unionized in one vote and not multiple votes per franchisee.
Why is that important to me?
Showing 221–240 of 302 · page 12 of 16
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