Does a narrower joint-employer test lower franchise compliance and litigation costs?
Core argument: The Obama-era joint-employer standard reportedly cost U.S. franchisees $17–33bn annually, a burden the Trump administration's narrower four-factor test is intended to reduce by clarifying employer roles and cutting compliance costs.
The Trump administration's regulatory reform introduces a four-factor test to determine joint-employer status, impacting minimum-wage and overtime regulations. This test assesses if an indirect employer hires or fires employees, controls work schedules, determines pay, and maintains employment records. This narrower standard contrasts with the broader Obama-era criteria, which reportedly cost U.S. franchisees $17-33bn annually. By clarifying roles, the reform reduces compliance costs and shields national brands from litigation, potentially benefiting low-wage labor markets. The Department of Labor's guidance under the Fair Labor Standards Act is expected to influence court decisions and is part of a broader discussion on joint-employer status, with the National Labor Relations Board anticipated to issue similar rules soon.







