‘‘(bb) an authorizing person; 
and 
‘‘(II) to— 
‘‘(aa) a related company 
with respect to the mark; or 
‘‘(bb) any employee of a re-
lated company described in item 
(aa); 
‘‘(E) the term ‘franchise’ means a fran-
chise, as defined— 
‘‘(i) in section 436.1(h) of title 16, 
Code of Federal Regulations, as in effect 
on the date of enactment of this sub-
section; or 
‘‘(ii) under an applicable State fran-
chise law; 
‘‘(F) the term ‘franchisee’ means a 
franchisee, as defined— 
‘‘(i) in section 436.1(i) of title 16, 
Code of Federal Regulations, as in effect 
on the date of enactment of this sub-
section; or 
‘‘(ii) under an applicable State fran-
chise law; 
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‘‘(G) the term ‘franchisor’ means a 
franchisor, as defined— 
‘‘(i) in section 436.1(k) of title 16, 
Code of Federal Regulations, as in effect 
on the date of enactment of this sub-
section; or 
‘‘(ii) under an applicable State fran-
chise law; and 
‘‘(H) the term ‘personnel or employment 
policy or procedure’ means— 
‘‘(i) any contractually retained right 
of the owner of a mark, or an authorizing 
person, to directly control a related com-
pany’s hiring, promotion, firing, or dis-
cipline of the employees of such related 
company; 
‘‘(ii) any contractually retained right 
of the owner of a mark, or an authorizing 
person, to directly control a related com-
pany’s rates of pay, including wages and 
fringe benefits; 
‘‘(iii) any contractually retained right 
of the owner of a mark, or an authorizing 
person, to directly control a related com-
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pany’s assignment of employee work sched-
ules; 
‘‘(iv) any contractually retained right 
of the owner of a mark, or an authorizing 
person, to directly control collective bar-
gaining procedures or labor relations; and 
‘‘(v) any contractually retained right 
of the owner of a mark, or an authorizing 
person, to directly supervise the employees 
of a related company. 
‘‘(2) APPLICABILITY.—For the purposes of the 
National Labor Relations Act (29 U.S.C. 151 et 
seq.) and the Fair Labor Standards Act of 1938 (29 
U.S.C. 201 et seq.), none of the following may be 
construed, alone or in combination with any other 
factor, as establishing an employment relationship 
between the owner of a mark that is a franchisor, 
or an authorizing person that is a franchisor, and a 
related company with respect to that franchisor, or 
the employees of that related company: 
‘‘(A) The licensing of the mark for use by 
that related company or the employees of that 
related company. 
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‘‘(B) Any exercise of control over the mark 
by that owner or authorizing person, as applica-
ble— 
‘‘(i) with respect to the use of the 
mark by that related company or the em-
ployees of that related company; and 
‘‘(ii) for the purpose of preserving or 
enhancing goodwill, a reputation, uni-
formity, or the expectation of the public 
with respect to the nature and quality of 
goods or services associated with the 
mark.’’. 
SEC. 3. APPLICABILITY. 
This Act, and the amendments made by this Act, 
shall not apply to any proceeding before the National 
Labor Relations Board that is commenced before the date 
of enactment of this Act. 
Æ 
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