What records must a Deka Lash franchisee maintain regarding employees?
Deka_Lash Franchise · 2024 FDDAnswer from 2024 FDD Document
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.
Source: Item 23 — RECEIPT (FDD pages 63–234)
What This Means (2024 FDD)
According to the 2024 Deka Lash Franchise Disclosure Document, franchisees must maintain employee records that clearly demonstrate that the franchisee's employees are not employees of Deka Lash. Franchisees are responsible for complying with all state and federal laws pertaining to their employees. This includes paying special attention to federal and state wage and hour laws, ensuring proper payment of wages, compensation, payroll taxes, and other required withholdings, as well as providing worker's compensation and benefits.
This requirement ensures that Deka Lash is legally protected from any liabilities related to the franchisee's employees. The franchisee has exclusive control over their employees, including hiring, firing, directing, supervising, and disciplining them. Deka Lash will not have the power to hire, fire, direct, supervise, or discipline the franchisee's employees.
Furthermore, the franchisee is responsible for training their employees and independent contractors to meet the standards, specifications, and procedures outlined in the Operations Manual. This includes aspects related to appearance, customer service, background checks, and drug testing, as applicable. The franchisee is also responsible for monitoring the scheduling, performance, efficiency, and efficacy of their employees and independent contractors, making necessary adjustments to improve their results.
If a Deka Lash franchisee chooses to share employees or independent contractors with other franchisees, they must indemnify and hold Deka Lash harmless from any claims, losses, attorney fees, and damages resulting from such activities. However, the FDD states that this provision does not constitute an endorsement to share employees with other franchisees.