Who is responsible for training Deka Lash employees and independent contractors?
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, the franchisee is exclusively responsible for training their employees and independent contractors. The franchisee must ensure that all employees and independent contractors meet the standards, specifications, and procedures outlined in the Deka Lash Operations Manual.
This includes ensuring that employees are efficient, competent, sober, and courteous. The franchisee is also responsible for paying their wages, commissions, and any other compensation justly due, without any liability on the part of Deka Lash. The franchisee also controls their own employees and independent contractors, as Deka Lash will not have the power to hire, fire, direct, supervise, or discipline them.
Furthermore, the franchisee is exclusively responsible for monitoring the scheduling, performance, efficiency, and efficacy of their employees and independent contractors, and for making adjustments to improve their results. This extends to training employees and independent contractors to 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. The franchisee is also required to hire and maintain sufficient staff to handle customer volume at all times.
This arrangement means that Deka Lash franchisees have significant control over their staff but also bear the full responsibility for ensuring their competence and compliance with brand standards and legal requirements. Prospective franchisees should carefully review the Operations Manual and understand the training requirements and expectations for their staff and independent contractors.