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October 28, 2026

IFA Members Host Congressional Lawmakers

Franchise business owners nationwide are hosting members of Congress at local storefronts, turning community locations into real-world proof points for the American Franchise Act (AFA).

Dig Deeper: Franchise owners are using the visits to thank lawmakers for their past support of franchising while reiterating the urgent need to pass the American Franchise Act this year to protect these local businesses. This week, the Baltimore Franchise Business Network (FBN) and Huffman Family Brands hosted Rep. Jonny Olszewski (D-MD-2) for a conversation on his priorities and how we can get the American Franchise Act accomplished by the end of the year.

Other recent in-district meetings brought franchise owners face-to-face with a bipartisan slate of lawmakers, including: Sens. Mark Warner (D-VA) and Susan Collins (R-ME), Reps. Mary Gay Scanlon (D-PA-5), Juan Ciscomani (R-AZ), Mike Kelly (R-PA-16), Rich McCormick (R-GA-7), and Gil Cisneros (D-CA-31).

Why it matters: IFA is counting on these lawmakers, and others, to champion the AFA with colleagues and whip support for a House floor vote. IFA will leverage this grassroots momentum during the post-election session, pushing congressional leadership to include the AFA in year-end "must-pass" legislation before the 119th Congress adjourns.

DOL Withdraws Tipped Wage Rule

On October 19, 2026, the Department of Labor (DOL) issued guidance confirming it no longer applies the 80/20 rule, which limited how much time tipped employees could spend on related, non-tipped duties. Instead, the determining factor is whether the duties relate to the tipped occupation, rather than the percentage of time spent performing them.

Why it matters: Under this approach:

• Related Duties: Tasks such as cleaning and setting tables or making coffee may qualify for the tip credit, even if they do not directly generate tips.
• Separate Occupations: An employee who works as both a waiter and a maintenance worker cannot be paid using a tip credit for maintenance work. 

What else: The guidance follows a court decision vacating DOL’s 2021 dual-jobs rule and restoring the original regulation. It does not establish a new regulation.

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Meet the Leaders Who Champion Franchising

With Election Day just one week away, we want to highlight the leaders IFA is proud to support – as well as provide you with the information you need to make a plan to vote.

Why It Matters: IFA has endorsed candidates across the country ahead of the 2026 elections, recognizing leaders who champion pro-business policies that support America’s locally owned franchise small businesses. Named “Friends of Franchising,” these leaders are on ballots this November in communities from coast to coast and from both parties.

What’s Next: Explore IFA’s 2026 “Friends of Franchising” and see who is standing up for franchise owners in your community and visit IFA’s “Franchising Votes” resource page to give you the voting information you need to head to the polls on or before November 3.

Supreme Court Declines Review of NLRB Decisions

On Oct. 19, the Supreme Court declined to review former NLRB member Gwynne Wilcox’s (D) challenge to her 2025 termination by President Trump and the NLRB’s Cemex decision, leaving in place lower court rulings upholding Wilcox’s firing and the Board’s bargaining order against Cemex.

Why it matters: The decisions leave in place a ruling expanding presidential authority over independent federal agencies and a Biden-era NLRB decision allowing the Board to order employers to bargain with a union based on card-check results without a secret-ballot election, even when the union subsequently loses a representation election.

What’s next: Both lower court rulings remain in effect, with the Supreme Court declining to revisit either case.

IFA Gears Up for American Franchise Act Vote

With Congress returning following the midterm elections, IFA is pushing for the American Franchise Act (AFA) to be considered on the House floor during the lame-duck session.

Dig Deeper: IFA circulated a new one-pager to Hill offices reiterating the urgency and detailing why codifying the standard cannot wait, as an active D.C. Circuit challenge against the NLRB’s 2020 rule could land by late 2026, risking a sudden return to unpredictable "indirect control" liability unless Congress steps in.

What’s Next: Adding outside momentum, the centrist group Center Forward released an independent piece highlighting joint employer challenges and spotlighting the AFA as a practical legislative solution, and the Foundation for Research on Equal Opportunity (FREOPP) penned a piece calling for passage of the AFA this Congress, stating, “Franchising is a ladder of opportunity, especially for people without capital or connections. Clear rules protect the franchisees and workers who climb it.”

IFA to Host Post-Election Member Briefing

After the election, join IFA’s Chief Advocacy Officer Mike Layman and our Government Relations team for an exclusive member webinar explaining everything franchise businesspeople need to know about the 2026 midterm results on Monday, November 9, at 3:00 p.m. ET.

Why it Matters: There are 39 governorships, 35 U.S. Senate seats, 435 U.S. House seats and 6,139 state legislative seats on the ballot nationwide on November 3 – and the outcome could impact your business directly.

What’s Next: Register to attend the IFA briefing on November 9 here!