Republicans have introduced a counter-measure to the joint employer expansion contained in the PRO Act, which as we’ve reported previously, has already passed the House. Senator Roger Marshall (R-KS) and Representative James Comer (R-KY) introduced the Save Local Business Act, which seeks to amend the National Labor Relations Act (NLRA) and Fair Labor Standards Act (FLSA) so as to make clear that direct and immediate control over the essential terms and conditions of employment would be required for a joint-employment relationship to be established. Conversely, the PRO Act would codify the Obama-era definition of joint employer (resurrected by the Biden administration) that sets the threshold for applicability at shared control, an amorphous standard that could define a franchise owner as an employee of the franchisor. In addition, the bill contains an array of union wish-list items from card-check voting procedures to banning right-to-work laws to prohibiting employers from participating in the union vs non-union discussion amongst their employees. More than 65 business groups, including the Coalition of Franchisee Association and the International Franchise Association signed on to an endorsement of the Save Local Business Act.