BrightStar Care Founder Shelly Sun Lobbies Congress to Overturn NLRB’s Joint-Employer Ruling

Leading Senior Care Franchisor Fights for Franchisees Rights to
Remain Primary Decision Maker

CHICAGO–(BUSINESS WIRE)–When it comes to the recent National Labor Relations Board (NLRB)
joint-employer ruling, there is a clear line drawn in the sand. On one
side, those that believe the franchisor should be held liable for
routine business decisions of individual franchisees and on the other,
those that believe that this type of ruling could abolish the
independent business model all together.

Those that oppose the ruling, including many franchisors that are
advocating on behalf of small business owners, are encouraging a
reconsideration of the regulation. Shelly Sun, co-founder and CEO of BrightStar
Care, a national in-home care and medical staffing franchise, is at
the forefront of franchisors that would like to see legislatures
reconsider the decision, urging Congress to classify franchisees not as
subsidiaries of larger franchise organizations but as the small,
independent business owners they truly are. On August 27, the NLRB
released its “joint employer” decision that could lead to franchisors
being defined as a joint employer with their franchised locations.

“It hasn’t happened yet, but it is essential that franchisees and
franchisors make our voices heard before a ruling against franchising as
a joint employer model is allowed to occur,” said Sun. The NLRB
viewpoint that has governed the successful franchise model for decades
dictates that franchisors and franchisees are not joint employers and
franchisees are solely responsible for setting the wages for employees
and managing the day-to-day operations of their businesses. This should
continue.

“The recent decision is not taking all of the factors into consideration
if it was applied to the franchise business model and that is the way
the NLRB is signaling that it may go,” says Sun. “NLRB overreach and new
definition of joint employer applied to the franchising business model
would mean that franchisees are no longer the decision makers which
makes it harder for them to grow and prevents them from ultimately
hiring more employees.”

If the ruling takes effect, the owners of franchised locations fear that
they will be considered nothing more than salespeople or sub-contractors
rather than small business owners. One small business owner that is
bracing for the effects of this ruling is Matt Shriner who owns two
BrightStar Care locations in Lafayette and Oakland, California. Shriner
employs over 200 people but, if the NLRB proceeds as it has signaled to
name franchisors and franchisees as joint employers, he will no longer
have the power to make key decisions for his business such as the wages,
benefits and work conditions of his employees.

“This ruling diminishes the value of hundreds of thousands of small
business owners around the country,” says Shriner. “I have put my blood,
sweat, tears and money into my own business and I am every bit the
entrepreneur that anyone else is.”

As small business owners, Shriner and his fellow BrightStar Care
franchisees value the stance Sun is taking on the matter. BrightStar
Care franchisees invest in the system because of the support it offers,
and they are seeing that firsthand from Sun’s support in her advocacy
efforts. Shriner’s thoughts on Sun and BrightStar Care’s support can be
viewed here: https://www.youtube.com/watch?v=IdVoyE-UNcg&feature=youtu.be

BrightStar Care began franchising in 2005, and since then has grown to a
$300 million company with more than 300 locations nationwide.

About BrightStar Care

Based in Chicago, BrightStar Care is a national private duty home care
and medical staffing franchise with more than 300 locations that can
provide medical and non-medical services to clients within their homes,
as well as supplemental care staff to corporate clients. BrightStar Care
professional nurses and caregivers deliver expert, compassionate, and
personal care 24 hours a day, 7 days a week. Each BrightStar Care
location is required to pursue Joint Commission Accreditation.
BrightStar Care received The Joint Commission’s Enterprise Champion for
Quality award in 2013, 2014, and 2015, and is committed to having each
of its agencies comply with Joint Commission standards. BrightStar Care
uses the nationally known patient satisfaction survey company Press
Ganey to measure client satisfaction and is proud that nine out of 10
clients would recommend BrightStar Care to a friend or family member.
For more information on BrightStar Care please visit www.brightstarcare.com;
to find out more about BrightStar Franchising, visit www.brightstarfranchise.com.

Contacts

Fishman Public Relations
Julianne Kennelly, 847-945-1300
jkennelly@fishmanpr.com