Who has sole responsibility for employment decisions relating to a Benjamin Franklin Plumbing Franchised Business?
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.
Source: Item 23 — RECEIPTS (FDD pages 88–312)
What This Means (2025 FDD)
According to the 2025 Benjamin Franklin Plumbing Franchise Disclosure Document, the franchisee has sole responsibility for all employment decisions and functions related to their franchised business. This includes, but is not limited to, decisions about recruiting, screening, hiring, firing, scheduling, compensation, benefits, wage and hour requirements, 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 represent control over the franchisee's employees' wages, hours, or working conditions. The franchisee is responsible for directing and controlling all employees, subject to the brand standards prescribed by Benjamin Franklin Plumbing to protect the brand's goodwill, which may include drug testing and background checks.
Furthermore, the franchisee must inform all workers, before hiring and periodically thereafter, that they (the franchisee), and not Benjamin Franklin Plumbing, are their employer. This clarifies that Benjamin Franklin Plumbing does not assume any employer, co-employer, or joint employer obligations. This requirement aims to prevent any confusion about the employment relationship and protect Benjamin Franklin Plumbing from potential liabilities related to employment matters within the franchised business.
This arrangement is typical in franchising, where the franchisee operates as an independent business owner. While Benjamin Franklin Plumbing sets brand standards and provides support, the franchisee manages the day-to-day operations, including employment decisions. This structure allows the franchisee to tailor their staffing and employment practices to the specific needs of their local market while maintaining the brand's overall standards and reputation.