Is Brightstar Care responsible for the labor relations of Agency employees?

gistered Nurse). If you operate more than one Agency, we reserve the right to require a full-time registered nurse, as well as additional nursing resources, to fulfill the nurse oversight requirements for the client count based on their acuity. You have sole responsibility and authority for your labor relations and employment practices, including, among other things, employee selection, promotion, termination, hours worked, rates of pay, benefits, work assigned, discipline, adjustments of grievances and complaints, and working conditions. Agency employees are exclusively under your control at the Agency. We will not, directly or indirectly, exercise or reserve control over employment and personnel matters and decisions involving your Agency's employees. You must communicate clearly with Agency employees in your employment agreements, human resource manuals, written and electronic correspondence, paychecks, and other materials that you (and only you) are their employer and that we, as the franchisor of BrightStar Agencies, and our affiliates are not their employer or joint employer and do not engage in any employer-type activities (including those described above) for which only franchisees are responsible. Notwithstanding your use of the ABS or any Third Party Materials, you are solely responsible and liable for understanding and following wage and hour laws as well as all other state, local, and federal laws applicable to the Agency's operation. You must obtain an acknowledgment (in the form we specify or approve) from all Agency employees that you (and not we or our affiliates) are their employer.

6.4.3 You must conduct criminal background checks on all prospective Agency employees to determine whether there is a history of elder abuse or crimes involving elders or similar crimes that are ascertainable on the public record. All employees must pass any applicable tests required by any governmental entity, submit to pre-employment and random drug tests, and participate actively in safety training seminars and programs. You are solely responsible and assume liability for all hiring and other employment decisions and compliance with all applicable federal and state employment practices, including, but not limited to, wage and hour laws, overtime pay requirements, live-in pay requirements, OSHA training, Hepatitis B vaccination, Health Insurance Portability and Accountability Act (HIPAA), and Joint Commission Accreditation. Notwithstanding your use of the ABS or any Third-Party Materials, you are solely responsible and liable for understanding and following wage and hour laws as well as all other state, local, and federal laws applicable to the Agency's operation.

Source: Item 22 — CONTRACTS (FDD pages 117–118)