What are the staffing requirements for a Brightstar Care franchisee who operates more than one agency?
Brightstar_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
6.4.2 If you or your owner cannot be present during business hours, you must at all times while the Agency is open for business have a branch manager/operations manager on duty who has successfully completed our training program and will be responsible for the Agency's operations. If you operate more than one Agency, you must have a properly-trained branch manager/operations manager for each Agency and a full-time salesperson for each Agency. You must keep us informed at all times of the identity of any employee required to enter into the confidentiality and non-competition covenants required under Section 11 of this Agreement. You must employ, at minimum, one part-time Registered Nurse for the Agency (unless state regulations require full-time, in which case you must employ one full-time Registered 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.
Source: Item 22 — CONTRACTS (FDD pages 117–118)
What This Means (2025 FDD)
According to Brightstar Care's 2025 Franchise Disclosure Document, if a franchisee operates more than one agency, they must have a properly trained branch manager/operations manager for each agency. Additionally, they need a full-time salesperson for each agency.
Brightstar Care also reserves the right to require a full-time registered nurse, along with additional nursing resources, to meet the nurse oversight requirements based on the client count and their acuity if the franchisee operates more than one agency. The franchisee has sole responsibility for their labor relations and employment practices, including employee selection, promotion, termination, pay rates, and working conditions.
This means that as a Brightstar Care franchisee expands to multiple locations, they will incur additional staffing costs for managers, sales personnel, and potentially nursing staff. The franchisor retains the right to mandate a full-time registered nurse and additional nursing resources based on client needs across all agencies owned by the franchisee. This ensures adequate oversight and quality of care as the franchisee's business grows. The franchisee maintains control over employment decisions but must comply with all applicable labor laws.