Executive Summary

After passing the Assembly on January 20, 2022, the Assembly made one more minor amendment to AB257 before it moves to the Senate for consideration.

Analysis

On January 27, 2022, the Assembly chose to delete two sentences from AB257. Specifically, the Assembly deleted the following passage:

  • (2)The council, for the purpose of reviewing the adequacy of fast food restaurant health, safety, or employment standards, or the purpose of promulgating or recommending new fast food restaurant standards, may issue subpoenas to compel the attendance of witnesses and production of books, papers, and records, by an affirmative vote of at least six of the council members. Obedience to subpoenas issued by the council shall be enforced by the courts. The council may administer oaths and examine witnesses under oath for the purpose of reviewing the adequacy of, or promulgating or recommending, fast food restaurant health, safety, or employment standards.

After amendment, the Assembly passed AB257 again, this time with a vote of 44 Ayes, 16 Noes, and 16 NVR.

Looking Forward

As mentioned in a previous post, one of the two changes the Assembly made to AB257 when it was brought back for reconsideration was to delete several provisions related to Health and Safety powers. This change is merely one more in that line of changes which still does not address the primary concerns of the franchise industry.

This article was originally published on the California Franchise Network.


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Thomas O’Connell – Tom O’Connell is a Shareholder at Buchalter APC, where he serves as Chair of the firm’s Franchise Law Practice and Chair of Litigation for the firm’s San Diego office.


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