New Jersey 2024-2025 Regular Session

New Jersey Assembly Bill A1064

Introduced
1/9/24  

Caption

Prohibits no-poaching agreements in franchise arrangements.

Impact

The bill seeks to amend the Franchise Practices Act, which has historically allowed franchisors considerable control over their franchisees, including stipulations regarding employment practices. By stopping prohibitions on hiring practices, A1064 hopes to foster a competitive labor market where employees can freely seek better positions and improve their career prospects. As a result, this could lead to a more dynamic job market within the industry and contribute to wage growth among workers who have previously been limited by no-poaching contracts.

Summary

Assembly Bill A1064 introduces provisions to combat 'no-poaching agreements' in franchising arrangements across New Jersey. Specifically, the bill prohibits franchisors from barring franchisees from hiring or recruiting individuals who are currently or were previously employed by the franchisor or any of its other franchisees. This measure aims to enhance employee mobility within the franchise system, benefitting workers by widening their job opportunities and allowing for better compensation and working conditions.

Contention

Opinions surrounding the bill are likely to vary. Proponents argue that no-poaching agreements restrict employee rights and perpetuate wage stagnation, particularly among lower-wage workers who depend heavily on mobility for job advancement. However, critics may assert that such agreements are necessary to protect the investments franchisors make in their employees through training and development. This tension between employee mobility and franchisor protections will be a central theme in the discussions surrounding A1064.

Companion Bills

NJ A1387

Carry Over Prohibits no-poaching agreements in franchise arrangements.

Similar Bills

CA AB2672

California Franchise Relations Act.

NJ S207

Revises "Franchise Practices Act."

NJ S425

Revises "Franchise Practices Act."

AZ HB2775

Franchises; relationships; definitions

CA AB676

Franchises.

AZ HB2404

Franchises; regulation

OR HB4152

Relating to required conduct among parties to a franchise agreement.

NJ S2336

Concerns hospitality franchise agreements.