Temporary Employees Franchise Improvement Act of 2009

Temporary Employees Franchise Improvement Act of 2009 - Directs the Administrator of the Small Business Administration (SBA), in determining whether a franchisee is affiliated with a franchisor in the temporary employee services industry (industry), to: (1) continue to apply historically considered affiliation factors; (2) promulgate necessary rules and regulations to determine affiliation in a manner consistent with the Small Business Act; and (3) consider the processing of payroll and billing by a franchisor as customary and common practice in the industry that does not provide probative weight on affiliation, to the extent that temporary staffing personnel are interviewed, hired, trained, assigned, and subject to discharge by the franchisee.

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2197 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2197

  To assist the Administrator of the Small Business Administration to 
 determine whether a franchisee is affiliated with a franchisor in the 
     temporary employee services industry, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 30, 2009

Ms. Bean (for herself and Ms. Corrine Brown of Florida) introduced the 
 following bill; which was referred to the Committee on Small Business

_______________________________________________________________________

                                 A BILL


 
  To assist the Administrator of the Small Business Administration to 
 determine whether a franchisee is affiliated with a franchisor in the 
     temporary employee services industry, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Temporary Employees Franchise 
Improvement Act of 2009''.

SEC. 2. TEMPORARY EMPLOYEE SERVICES FRANCHISES.

    In determining whether a franchisee is affiliated with a franchisor 
in the temporary employee services industry, the Administrator of the 
Small Business Administration shall--
            (1) continue to apply historically considered affiliation 
        factors in determining whether a business is affiliated with 
        another business or the franchisor in the temporary staffing 
        industry;
            (2) promulgate such other rules and regulations as 
        necessary to determine affiliation within the temporary 
        employee services industry as the Administrator determines 
        consistent with the Small Business Act; and
            (3) consider the processing of payroll and billing by a 
        franchisor as customary and common practice in the temporary 
        employee services industry that does not provide probative 
        weight on affiliation, to the extent that the temporary 
        staffing personnel are interviewed, hired, trained, assigned, 
        and subject to discharge by the franchisee.
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