West Coast Franchise Law - November 2022

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November 2022

600 Stewart Street #1300, Seattle, WA 98101 | westcoastfranchiselaw.com | 206-903-0401

Having It Their Way Fast Food Franchisees Foster Prosperity

I’ve been representing fast food franchises for almost 20 years. They help me make a living and provide for my family, and I’m only one of the millions of people positively impacted daily by these businesses that dot our communities. Nov. 16 is National Fast Food Day, and I want to take a moment to recognize how fast food franchisees make so many people’s lives better.

worked their way up to regional manager and eventually bought their own franchise locations. The amount of self-made success among fast-food franchisees is inspiring. Regardless of which side of the minimum wage debate they’re on, fast food franchisees understand better than most people the issues facing our

Fast food has a unique nostalgic quality to it. Most of us remember enjoying a kid’s meal, playing with a new wind-up toy while we ate our french fries, or spending time at the McDonald’s PlayPlace. Fast food might call to mind rare special treats, rewards for meeting a goal, or family road trips. For me it was stopping at A&W on the annual trip up to my grandparents’ lake place. We loved how they would bring the food to your car and mount the tray on your window. Those memories keep us coming back year after year. It’s part of what helps the franchise industry thrive. The process also joins a nationally- recognized brand with the touch of a local entrepreneur who understands their community. I believe that combination is the bedrock of franchising’s success and lets fast food restaurants give far more back to their communities than other chain restaurants.

country’s workforce. While many middle- to upper-class people talk about minimum wage employees in generalizations, fast food franchise owners work with

this population daily and see the challenges they face up close. My clients are a part of the solution to some of the problems we face as a society.

My clients are also extraordinarily generous people. In addition to providing jobs, franchise owners donate significant

amounts to the local charities where they operate. I had one client who donated a portion of their revenue to the local Boys & Girls Club. The operation was funded entirely by this franchisee. Others give away scholarships, raffle prizes, or meals. Franchisees are invested in the community and want to see it do well. Their success is intimately tied to

that of the people around them.

We hear a lot in the media about fast food restaurants’ job quality. But despite all the criticisms, from my standpoint the industry produces a lot of upwardly mobile people. It is common to hear stories from clients who came to the U.S. with something like $20 in their pocket, found a job as a dishwasher at a fast food restaurant,

– Nate Riordan 1 206-903-0401

Experience Fresh Powder and Great Views Top 5 Ski Resorts to Cross Off Your Bucket List

Temperatures are dropping and snow is falling in some parts of the country, so it’s time for some winter fun! Whether you ski, snowboard, or just enjoy the snow, here are some of the best ski resorts to check out this ski season! STEAMBOAT SPRINGS, COLORADO A little less glitzy than some of the other popular ski resorts and towns in Colorado, Steamboat Springs is extremely family- friendly with a Western vibe. Because Steamboat is tucked away in the northwest corner of Colorado, the area catches snow from both Utah and Wyoming, which means you can expect some of the best skiing powder. WHITEFISH MOUNTAIN RESORT, MONTANA While Whitefish Mountain Resort was originally a sleepy, quiet, and remote ski

resort, it has gained popularity over the past few years, but it still remains an under- the-radar ski destination with friendly locals and smaller crowds. For beautiful, lush Montana views and no ski lift lines, Whitefish is a must! MAD RIVER GLEN, VERMONT For an authentic, deep-mountain experience, Mad River Glen is considered the best skiing mountain in the East. One of the best features of the resort is that it has single-chair chairlifts — and no snowboarders! The runs are long and the sights are gorgeous while providing an amazing ski run, throwback style! ASPEN, COLORADO Aspen just had to make this list! This incredibly popular ski resort has four different mountains, providing a wide

range of terrains for all different skill levels. The ski resort town is fun, developed, and exciting as well. DEER VALLEY RESORT, UTAH A ski-only resort, Deer Valley is a quaint ski town with legendary customer service and unbelievable Utah powder. It should be noted that the chairlifts are speedy and efficient, and the trails are well-groomed. Lift lines are nonexistent, making for an exclusive and remote experience!

Up to Speed

TIPS FOR TRAINING SEASONAL WORKERS

Many franchisees hire seasonal staff to help with increased demands during the year’s prime shopping time. Seasonal employees fill a crucial gap for both businesses and workers: Employers get help when they need it most, and staff get extra cash for

will influence whether they return, no matter who provides it.

work or gift-wrapping (depending on your industry) can streamline your processes and reduce training needs. It’s also helpful to create incentives for your seasonal workers to do well. Can you provide small bonuses to your most productive staff during the season? Consider what additional perks you can offer. If possible, plans to hire some seasonal staff permanently can also help inspire those who want longer-term employment to put their best foot forward. Further, creating a good working environment for temporary employees can keep them returning yearly, reducing the annual need for training. Remember that your franchise may also have resources that can help. They will often have valuable insight into best practices to ease the transition. While the season may be short, each day can be long, and the impression you make on customers might last for years.

So, it’s best to set your seasonal workers up for success, starting with training. Getting temporary staff ready to hit the ground running is crucial, but too much information at once

the holidays. But there are also unique challenges that come along with the arrangement. Your seasonal staff knows they won’t be around for long, so they often feel less invested in your business’ success than your regular employees. You also have limited time to train them, and some companies barely bother. But that’s a big mistake. To

can cause everything you teach to go in one ear and out the other. Pace your training accordingly so you don’t overwhelm your new hires and inspire them to quit before they’ve barely started.

Pairing new folks with experienced staff is a time-honored

your seasonal workers, everything is new, and they’re learning during the busiest time of the year. Further, while you know these employees won’t be around forever, your customers don’t. The service they receive

tradition for a reason — it works. People often learn faster by watching others and practicing for themselves. Another tactic is to give your seasonal workers the so-called “easy” tasks. Assigning them to only prep

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State of the Union Know the Laws Around Employee Organizing

Unions are back in a big way. According to the National Labor Relations Board, unions won more elections in the first half of 2022 than any year since 2005, creating 641 unions and securing a 76.6% win rate. Public support is also at its highest since 1965, with Gallup finding that 71% of Americans approve of unions. With high-profile wins at fast-casual restaurants like Starbucks and Chipotle, it’s only a matter of time before franchise businesses start seeing an impact — if they haven’t already. Regardless of your thoughts on the trend, it’s wise to know your legal rights and limits as a business owner. It’s time to refresh yourself on the federal laws governing union organizing. Businesses have the most robust rights to prohibit union organizing activity before it begins. Business owners can restrict the distribution of union literature, petitions, and union cards within the workplace. They also have the right to ban outside union organizers from engaging in union activities on their property. But crucially, a business can only install these restrictions before organizing begins. Once union organizing is already underway, attempting to establish such rules is illegal. Many people are familiar with the term “union-busting.” Union- busting refers to attempts taken by a business to prevent successful union organizing. Some activities that might be called union-

busting are perfectly legal. Owners may legally share an anti-union opinion with their workforce and remind employees of their current workplace benefits. They may also inform employees of their right not to unionize and remind them of union downsides. But many other union-busting activities are illegal. Employers may not poll their employees to gauge union support or visit them outside work to lobby against the union. They must also refrain from threats, like suggesting a union will result in job or benefits loss. Further, business owners cannot show favoritism toward anti- union employees or discriminate against union supporters or organizers. Firing a worker for attempts to unionize is also strictly illegal.

Most importantly, there are hundreds of labor laws governing unions at the federal level, and your business is also likely impacted by additional state laws. Contact a commercial attorney for any questions

regarding unionization at your business to ensure you have the facts before taking action. An illegal response can cause a company far more trouble than a union ever could.

APPLE CRANBERRY CRISP

TAKE A BREAK

If you’re feeling old-fashioned, treat yourself to this warm and bubbly dish. Nothing says Thanksgiving quite like a classic apple recipe.

Ingredients: •

Inspired by TasteOfHome.com

3 cups peeled and chopped tart apples

• • • • •

1 tbsp lemon juice

1/2 tsp ground cinnamon 1/2 cup all-purpose flour

• •

1 1/2 cups cranberries

3/4 cup packed brown sugar, divided

1/3 cup butter, cold

Vanilla ice cream (optional)

Directions: 1.

Preheat oven to 375 F. 2. In a large bowl, combine apples, cranberries, 1/4 cup brown sugar, lemon juice, and cinnamon. 3. Grease an 8-inch baking dish and pour the mixture into it. 4. In a small bowl, mix flour and the remaining brown sugar. Cut in cold butter until the mixture is crumbly. Sprinkle this over the fruit. 5. Bake uncovered for 25–30 minutes or until the topping is golden brown and the filling is bubbly. If desired, serve with vanilla ice cream and enjoy!

Solution:

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PRST STD US POSTAGE PAID BOISE, ID PERMIT 411

600 Stewart Street #1300 Seattle, WA 98101

westcoastfranchiselaw.com | 206-903-0401

IN THIS ISSUE 1 2 Celebrating National Fast Food Day America’s 5 Best Ski Resorts

Making the Most of Seasonal Employees

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Labor Union Dos and Don’ts

Apple Cranberry Crisp

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3 Ways To Improve Your Work-Life Balance

Add More Life to Your Work-Life Balance With These 3 Tips

One of the biggest concerns employers have with remote work revolves around employees finding distractions at home that will take their attention away from job duties. While this is certainly true for some remote workers, it doesn’t apply to everyone.

important to set boundaries for yourself. Once you reach a certain time in the day, turn off your work phone or email. Set an alarm for yourself for a time when your work day comes to a close — and put everything away so you can focus on your home life. ESTABLISH A WORKSPACE. Our environment can play a large role in how we feel each day. If you haven’t established a workspace in your home, you might struggle to separate work from home life. Think about it; if you work from your living room, you will probably find it more difficult to relax there later in the evening. You don’t have to turn an entire room into an office, but dedicating a corner as your workspace will come with benefits. WEAR WORK ATTIRE. What we wear has an effect on how we feel. If you’re wearing sweatpants while you work, it can be difficult to unwind when you’re off the clock and wearing the same clothes. Switch it up and wear professional attire while you’re working. When the workday comes to a close, you can shed your work clothes for something comfier, which will help you relax and focus on what’s going on at home.

Certain individuals will even be drawn back into work at home when they’re supposed to be spending time with their family or doing hobbies they enjoy. In fact, when remote workers don’t unplug from their work, they are much more likely to burn out. If you or your employees are currently working remotely, it’s important to establish a proper work-life balance. Here are three ways to include more personal time in your daily routine. SET BOUNDARIES. After you clock out for the day, it can be easy to get dragged back in if you get a text or email relating to your job. That’s why it’s

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