Does Benjamin Franklin Plumbing assume any employer obligations for the franchisee's employees?
Benjamin_Franklin_Plumbing Franchise · 2025 FDDAnswer from 2025 FDD Document
You are required to maintain staffing in the Franchised Business adequate to meet the Brand Standards.
You have sole responsibility for all employment decisions and functions relating to the Franchised Business, including but not limited to decisions related to recruiting, screening, hiring, firing, scheduling, training (other than the training in Section 5), compensation, benefits, wage and hour requirements, recordkeeping, supervision, safety, security and discipline of employees.
Any information we provide about employment matters, whether voluntarily or in response to your request, and whether directly or by means of any technology tools, is a recommendation only and not intended to exercise control over the wages, hours or working conditions of your employees or the means and manner by which they carry out their duties.
In addition, we may provide you with access to an independent, third-party employment law hotline (the "Hotline").
We will have no liability with respect to any advice you may receive through the Hotline or otherwise in connection with your use of the Hotline and we may discontinue offering access to the Hotline at any time.
You alone will direct and control all employees of the Franchised Business, subject only to the Brand Standards that we prescribe to protect the goodwill associated with the Marks, which may include the requirement of initial and periodic drug testing and background checks.
You are required to clearly inform all workers, before hiring and periodically thereafter, that Franchisee, and not Franchisor, is their employer and that Franchisor does not assume and will not accept any employer, co-employer, or joint employer obligations.
You agree to indemnify us for any liability, cost, expense, loss or damage, including attorney's fees and costs, arising from (i) any claim or allegation that Franchisor or any affiliate is the employer, co-employer, or joint employer of Franchisee, its Owners, or any workers in the Franchised Business, and (ii) your use of the Hotline or reliance on any information received during your use of the Hotline.
Source: Item 23 — RECEIPTS (FDD pages 88–312)
What This Means (2025 FDD)
According to the 2025 FDD, Benjamin Franklin Plumbing does not assume any employer obligations for the franchisee's employees. The franchisee has sole responsibility for all employment-related decisions. This includes recruiting, hiring, firing, training (excluding the training provided in Section 5 of the agreement), compensation, benefits, and adherence to wage and hour requirements. The franchisee is also responsible for recordkeeping, supervision, safety, security, and employee discipline.
Benjamin Franklin Plumbing may provide information about employment matters or access to a third-party employment law hotline, but this is considered a recommendation only and does not give Benjamin Franklin Plumbing control over the employees' wages, hours, or working conditions. The franchisee is required to inform all workers, both before hiring and periodically thereafter, that the franchisee, and not Benjamin Franklin Plumbing, is their employer. Benjamin Franklin Plumbing explicitly states that it does not assume and will not accept any employer, co-employer, or joint employer obligations.
The franchisee is required to indemnify Benjamin Franklin Plumbing for any costs, expenses, losses, or damages, including attorney's fees, arising from any claim or allegation that Benjamin Franklin Plumbing is the employer, co-employer, or joint employer of the franchisee, its owners, or any workers in the franchised business. This underscores the importance of the franchisee's role as the sole employer and the need to maintain clear communication with employees regarding their employment status.