What employment decisions are the sole responsibility of the Card My Yard franchisee?
Card_My_Yard Franchise · 2025 FDDAnswer from 2025 FDD Document
- B. Employer Responsibilities. You are required to maintain proper staffing in the Card My Yard business to meet the Card My Yard business standards. You have sole responsibility for all employment decisions and functions relating to the Card My Yard business,including but notlimited to decisions related to recruiting, screening, hiring, firing, scheduling, training (other than the training described in Section VIII above), 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. You alone will direct and control all employees of the Card My Yard business, subject only to the Card My Yard standards that we prescribe to protect the goodwill associated with our Marks (which may include the requirement of initial and periodic drug testing and background checks). You must 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. You agree to indemnify us for any liability, cost, expense, loss or damage, including attorney's fees and costs, arising from any claim or allegation that Franchisor or any affiliate is the employer, co-employer, or joint employer of Franchisee, its owners, or any workers in the Card My Yard business.
Source: Item 23 — RECEIPTS (FDD pages 84–259)
What This Means (2025 FDD)
According to the 2025 Card My Yard Franchise Disclosure Document, the franchisee has sole responsibility for all employment decisions related to their Card My Yard business. This encompasses a wide range of functions, providing the franchisee with significant autonomy in managing their workforce.
The franchisee's responsibilities include, but are not limited to, recruiting, screening, hiring, and firing employees. They are also responsible for scheduling, training (excluding the initial training provided by Card My Yard), determining compensation and benefits, and ensuring compliance with wage and hour requirements. Furthermore, franchisees must handle recordkeeping, supervision, safety, security, and disciplinary actions for their employees.
Card My Yard may provide information or recommendations about employment matters, potentially through technology tools. However, these are explicitly stated as recommendations only and do not represent an attempt by Card My Yard to control the wages, hours, or working conditions of the franchisee's employees. The franchisee retains the authority to direct and control their employees, subject to Card My Yard's standards designed to protect the brand's goodwill. These standards may include requirements for drug testing and background checks.
It is crucial that Card My Yard franchisees inform all workers, both before hiring and periodically thereafter, that the franchisee, and not Card My Yard, is their employer. This helps to avoid any confusion and reinforces the independent contractor relationship. The franchisee also agrees to indemnify Card My Yard against any claims that Card My Yard is the employer, co-employer, or joint employer of the franchisee's workers.