Who is responsible for hiring and training cooks, dishwashers, servers, cashiers, and administrative staff for a Burros Fries franchise?
Burros_Fries Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee acknowledges that it is Franchisee's sole and absolute responsibility to hire and train cooks, dishwashers, servers, cashiers and any administrative staff (referred to as "Employees") in an effort to make all Products and effectively execute Services according to our standards as outlined in the Operations Manual and Section 20.E of this Agreement. Franchisee must ensure that Franchisee, all of its Owners, General Manager and all of Franchisee's Employees who prepare, serve or handle food have a valid food handler's certification and that such certifications are renewed as applicable. A food handler's certification is food handling and safety training that is necessary for the operation of your Business. Such courses can be taken in a classroom setting or in some states can be completed over the Internet. Franchisee is solely responsible for Employee's terms of employment, compensation and the proper training. As Franchisee hires a General Manager and Employees, Franchisee can negotiate any rate for such services that is consistent with applicable federal and state laws and regulations. Franchisee is solely responsible for all employment decisions and functions, including hiring (other than the required use of criminal background checks below), firing, establishing wage and hour requirements, training, disciplining, supervising, performance and record keeping. Franchisee acknowledges that at no time will Franchisee or any of its Employees be deemed to be employed by us.
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2024 FDD)
According to Burros Fries's 2024 Franchise Disclosure Document, the franchisee has the sole and absolute responsibility for hiring and training all employees. This includes cooks, dishwashers, servers, cashiers, and any administrative staff. These employees are essential for producing products and executing services according to Burros Fries's standards, as detailed in the Operations Manual.
The franchisee is also responsible for ensuring that they, their owners, the general manager, and all employees who handle food have a valid food handler's certification, which must be renewed as necessary. This certification confirms that they have received the required food handling and safety training. The franchisee is solely responsible for the terms of employment, compensation, and proper training of all employees, and can negotiate rates for services consistent with federal and state laws.
Furthermore, the franchisee is responsible for all employment decisions, including hiring (with the exception of required criminal background checks), firing, setting wage and hour requirements, training, disciplining, supervising, performance management, and record keeping. The FDD emphasizes that neither the franchisee nor their employees will be considered employees of Burros Fries at any time. This clarifies that the franchisee operates as an independent entity, fully responsible for their staff and employment practices.