5 Employee Engagement Trends Franchising Should Watch in 2026
See the top employee engagement trends shaping franchising in 2026, from FBR's Franchising at Work research, plus tips for HR leaders.
Keep ReadingThe FTC’s final ruling on employee non-compete clauses could create a significant shift in the landscape of labor and employment regulations if it passes current legal challenges. This change impacts employees of all businesses, but we’ll explore how these changes may impact the franchise sector specifically.
For those new to the 2024 non-compete ruling, here’s a quick overview of the rule. We aren’t lawyers, and some of our legal franchise friends have written more extensive recaps you can hunt down (check out Saxton & Stump’s take), but here’s our take: There will be several challenges to get this ruling published, and the earliest we could see it impact our businesses would be Fall, but it’s good to know what may be coming and get ready.
Short version… The ruling is designed to restrict the enforceability of non-compete clauses in employment contracts. Why? To curb the perceived power imbalance between employers and employees, and to enhance labor mobility if people aren’t happy where they are and want to leave. An important note- these laws vary by jurisdiction, but non-compete agreements would be limited to high-earning employees or specific circumstances such as the sale of a business or dissolution of a partnership.
For franchisors, the ruling could reshape how they protect their business models and proprietary information, which are crucial to their competitive advantage:
1. Protection of Trade Secrets: Franchisors will need to strengthen other legal instruments like confidentiality agreements and non-disclosure agreements to safeguard their trade secrets effectively.
2. Restructuring Franchise Agreements: Adjustments in franchise agreements may be necessary to comply with the new legal standards, focusing more on non-solicitation clauses and other restrictive covenants that are still permissible under the new laws.
3. Increased Focus on Training and Support: To support franchisees in keeping key employees, franchisors might invest more in training, support, and other incentives that become tools their franchisees have access to that enhance satisfaction and loyalty, beyond contractual obligations.
Franchisees, the employer of all the people on the teams they use to run their business, face their own set of challenges and opportunities under the new ruling:
1. Recruitment and Retention: The inability to enforce non-compete agreements with employees could lead to increased risks of business information leakage or employees leaving to start competing businesses.
2. Operational Jackpot: On the flip side, the easing of non-compete restrictions can aid franchisees in attracting top talent who may have otherwise been deterred by stringent non-compete clauses to help them manage teams and grow.
3. Franchisor/Franchisee Support and Expectations: Franchisees may find tools and data shared from the network and provided by franchisors can help them focus more on the culture of their organizations and elevate key players in their organizations.
Both franchisors and franchisees need to proactively address the challenges posed by the 2024 employee non-compete changes. Culture is even MORE critical as it’s now easier for people to leave and work for your competition.
Here are some recommendations for franchisors to stay competitive in how they support their network through these changes:
The 2024 employee non-compete changes require careful attention from both franchisors and franchisees. By understanding these potential changes, and focusing on culture within each (corporate and franchisee) organization, we can protect our businesses and the brand.
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