What laws must the Staffer comply with regarding Placed Employees working with Degree Wellness?
Degree_Wellness Franchise · 2025 FDDAnswer from 2025 FDD Document
rol over any and all aspects of clinical work performed by registered nurses. Staffer understands and agrees that it shall not perform any action that interferes with the clinical oversight and medical judgment of Group, Group representatives, or the registered nurse.
The services shall be performed by persons in the employ of Staffer and Staffer assumes legal responsibility as the employer of said persons, including payment of wages, benefits and other compensation due to said persons, procurement of insurance, including, without limitation, workers' compensation insurance, and Staffer's compliance with all applicable federal, state, local laws and other requirements, including payment of all taxes withheld from or due on the Placed Employees. Staffer will comply with all laws governing the employer-employee relationship, except those responsibilities that are expressly delegated to Group in this Agreement. Group will not permit Placed Employees assigned hereunder to work hours in excess of the hours reported to Staffer for payment and will comply with all legally required rest and meal periods for such employees.
All services by Staffer's Placed Employees shall be performed in an acceptable workmanlike manner, by Placed Employees who are appropriately licensed and fully qualified.
No Joint Employment Relationship. Staffer acknowledges and agrees that its relationship with Group is that of an independent contractor and nothing in this Agreement or related to Staffer's performance of any service shall be construed to create an employment or agency relationship between Group and Staffer or Group and any of Staffer's employees. Except in instances where the clinical quality of the work performed is in question, Staffer retains the sole and exclusive right and obligation to determine hiring and firing; conduct pre-employment screening and testing; maintain personnel records and files; track employee hours and pay wages and benefits; direct, control and supervise Staffer's employees; conduct performance management; impose discipline;
Source: Item 20 — OUTLETS AND FRANCHISEE INFORMATION (FDD pages 63–66)
What This Means (2025 FDD)
According to Degree Wellness's 2025 Franchise Disclosure Document, the Staffer, as the employer of the Placed Employees, is legally responsible for complying with all applicable federal, state, and local laws and other requirements related to those employees. This includes the payment of wages, benefits, and other compensation, as well as procuring insurance, such as workers' compensation. The Staffer is also responsible for paying all taxes withheld from or due on the Placed Employees.
Degree Wellness emphasizes that the Staffer must comply with all laws governing the employer-employee relationship, except for responsibilities expressly delegated to Degree Wellness in their agreement. Degree Wellness will ensure that Placed Employees do not work hours exceeding those reported to the Staffer for payment and will comply with all legally required rest and meal periods for these employees.
Furthermore, the Staffer is required to ensure that all services performed by their Placed Employees are done in an acceptable, workmanlike manner and that the employees are appropriately licensed and fully qualified. The Staffer also agrees to indemnify and defend Degree Wellness against any liabilities for premiums, contributions, taxes, or benefits payable under workers' compensation, unemployment compensation, health care, disability benefits, old age benefits, safe and/or sick leave, or tax withholding laws related to the Placed Employees.