Department of Labor Joint Employer Proposal

The two parties would be regarded as equally responsible for the illegal employment 
actions of the franchisee if the franchisor:

• Has the power to hire or fire employees;
• Supervises and controls the employees’ work schedules or working conditions;
• Determines employees’ pay rates or methods of payment; or
• Maintains the employees’ employment record

DOL proposes criteria to determine when franchisor and franchisee are joint employers
.