What must a Deka Lash franchisee comply with in respect to their employees?
Deka_Lash Franchise · 2024 FDDAnswer from 2024 FDD Document
- 6.16 Employees.
You are exclusively responsible to train and make sure your employees and independent contractors meet the standards, specifications and procedures outlined in the Operations Manual.
You will hire only efficient, competent, sober, and courteous employees for
the conduct of the franchised business and will pay their wages, commissions, piece work and any other compensation justly due with no liability on our part.
- A.
You will control your own employees and independent contractors.
We will not have the power to hire, fire, direct, supervise, or discipline them.
You will maintain employee records to show clearly that you and your employees are not our employees.
- B.
You must comply with all state and federal laws in respect to your employees.
You acknowledge that you have had ample opportunity to investigate these and other laws applicable to your business with your own independent legal counsel before signing this Agreement.
You must indemnify and hold us legally harmless from any of your violations of such laws.
- C.
You must pay special attention to federal and state wage and hour laws with respect to your employees.
You must comply with all such laws and pay your employees properly.
You are responsible for any employee wages and compensation, payroll taxes and other required withholding, worker's compensation and benefits.
- D.
You are exclusively responsible to monitor the scheduling, performance, efficiency, and efficacy of your employees and independent contractors and to make adjustments to improve the results of their efforts.
- E.
If you decide to share employees or independent contractors with other franchisees, then you will indemnify and hold legally harmless us (and our affiliates, officers, directors, employees and agents) from any claims, losses, attorney fees and damages resulting from such activities.
You acknowledge that this provision does not constitute an endorsement to share employees with other franchisees.
- F.
You are responsible to train and to make sure your employees and independent contractors meet the standards, specifications and recommendations outlined in the Operations Manual, including those related to appearance, customer service, background checks, and drug testing (as applicable).
You are required to hire and maintain sufficient staff in order to handle customer volume at all times.
Source: Item 23 — RECEIPT (FDD pages 63–234)
What This Means (2024 FDD)
According to the 2024 Deka Lash Franchise Disclosure Document, franchisees have several obligations regarding their employees. Deka Lash franchisees are solely responsible for all aspects of employment, including hiring, firing, compensation, payroll taxes, and daily supervision. Franchisees must ensure their employees meet the standards and procedures outlined in the Deka Lash Operations Manual and must train their employees to competently and professionally perform their duties while providing excellent customer service. Additionally, franchisees must ensure their employees possess all legally required training, licenses, and certifications.
Furthermore, Deka Lash franchisees must comply with all state and federal laws pertaining to their employees, including wage and hour laws, and must pay their employees properly. Franchisees are responsible for employee wages, compensation, payroll taxes, required withholdings, worker's compensation, and benefits. They must also maintain employee records that clearly demonstrate that the employees are not employees of Deka Lash itself. Franchisees are also responsible for monitoring the scheduling, performance, efficiency, and efficacy of their employees and making necessary adjustments to improve results.
To protect Deka Lash, franchisees must indemnify and hold Deka Lash harmless from any violations of labor laws. If a franchisee chooses to share employees with other franchisees, they must indemnify Deka Lash from any claims, losses, attorney fees, and damages resulting from such activities. Franchisees must also ensure their employees meet the standards outlined in the Operations Manual, including those related to appearance, customer service, background checks, and drug testing, as applicable. Finally, franchisees are required to maintain sufficient staff to handle customer volume at all times.