Is Burneys Sweets More considered a joint employer of the franchisee's employees?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
You are responsible for ensuring that your employees comply with the brand standards. The people you retain to work in your Shop will be your agents and employees. They are not our agents or employees and we are not a joint employer of such persons. You will be solely responsible for recruiting and hiring the persons you employ to operate your Shop and must determine whom to hire, how many people to hire, retain, and train, and how you will compensate such persons. You are responsible for your employees' and agents' training, wages, taxes, benefits, safety, schedules, work condition, assignments, discipline, and termination. You must comply with all applicable employment laws. We will not operate your Shop, direct your employees, or oversee your employment policies or practices.
Source: Item 15 — OBLIGATION TO PARTICIPATE IN THE ACTUAL OPERATION OF THE FRANCHISE BUSINESS (FDD pages 39–40)
What This Means (2025 FDD)
According to Burneys Sweets More's 2025 Franchise Disclosure Document, Burneys Sweets More is not considered a joint employer of the franchisee's employees. The franchisee is solely responsible for all employment-related matters. This includes recruiting, hiring, determining the number of employees, training, and compensation.
Specifically, the franchisee is responsible for their employees' and agents' training, wages, taxes, benefits, safety, schedules, work conditions, assignments, discipline, and termination. The franchisee must also comply with all applicable employment laws. Burneys Sweets More states that they will not operate the franchisee's shop, direct the franchisee's employees, or oversee the franchisee's employment policies or practices.
This arrangement is typical in franchising, where franchisees are considered independent business owners. The franchisee has significant control over the day-to-day operations of their Burneys Sweets More shop and manages their own staff. This independence also means the franchisee bears the responsibility and liability for all employment-related issues.