Does 360 Painting dictate or control labor or employment matters for franchisees?
360_Painting Franchise · 2025 FDDAnswer from 2025 FDD Document
Note that our System does not include any personnel policies or procedures or security-related policies or procedures that we (at our option) may make available to you in the Brand Standards Manual or otherwise for your optional use. You will determine to what extent, if any, these policies and procedures might apply to your operations of your Business. We neither dictate nor control labor or employment matters for franchisees and their employees and we are not responsible for the safety and security of your Business employees or customers. You will agree in your Franchise Agreement that we are not joint employers of your employees and other personnel. We do not and will not share or codetermine any of your employees' essential terms and conditions of employment. More specifically, in no case do we have any authority to determine or set your employees': (1) wages, benefits, and other compensation; (2) hours of work and scheduling; (3) the assignment of duties to be performed; (4) the supervision of the performance of duties; (5) work rules and directions governing the manner, means, and methods of the performance of duties and the grounds for discipline; (6) the tenure of employment, including hiring and discharge; and/or (7) working conditions related to the safety and health of employees. You alone have sole authority to determine any or all your employees' essential terms and conditions of employment;
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 27–38)
What This Means (2025 FDD)
According to the 2025 FDD, 360 Painting does not dictate or control labor or employment matters for its franchisees. The FDD states that franchisees are responsible for the safety and security of their employees and customers. Franchisees agree within their Franchise Agreement that 360 Painting is not a joint employer of their employees.
360 Painting does not share or co-determine any of the employees' essential terms and conditions of employment. Specifically, 360 Painting has no authority to determine or set employee wages, benefits, hours, job duties, supervision, work rules, tenure of employment including hiring and discharge, or working conditions related to safety and health. The franchisee has sole authority to determine all essential terms and conditions of employment for their employees.
However, 360 Painting does provide a Brand Standards Manual that includes employment applications, interview questions, job descriptions, and suggested pay scales. While these resources are provided, the FDD emphasizes that the use of these policies and procedures is optional and determined by the franchisee. This is a common practice in franchising, where franchisors offer guidance but leave the final employment decisions to the franchisee, ensuring compliance with local labor laws and individual business needs.