Who is responsible for the cost of additional tablet purchases for above-restaurant level employees at a Del Taco franchise?
Del_Taco Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee is solely responsible for all employment decisions and functions of the Restaurant including those related to hiring, firing, training, compliance with wage and hour requirements, personnel policies, scheduling, benefits, recordkeeping, supervision, and discipline of employees, regardless of Franchisee's use of the Platform or whether Franchisee receives advice from Del Taco on these subjects.
Franchisee acknowledges and agrees that all personnel decisions, including hiring, firing, disciplining, compensation, benefits, and scheduling, shall be made by Franchisee, without any influence or advice from Del Taco, and such decisions and actions shall not be, nor be deemed to be, a decision or action of Del Taco.
Further, it is the intention of the parties to this Agreement that Del Taco shall not be deemed a joint employer with Franchisee for any reason.
Source: Item 23 — RECEIPTS (FDD pages 59–325)
What This Means (2025 FDD)
Based on the 2025 Del Taco Franchise Disclosure Document, the franchisee is responsible for employment decisions and restaurant functions. Specifically, the FDD states that the franchisee is responsible for all employment decisions related to hiring, firing, training, compliance with wage and hour requirements, personnel policies, scheduling, benefits, recordkeeping, supervision, and discipline of employees. This responsibility remains with the franchisee regardless of whether they use the Platform or receive advice from Del Taco on these subjects.
Since the franchisee is responsible for all employment decisions and restaurant functions, this would extend to providing the necessary equipment, such as tablets, for their employees to perform their duties. The FDD specifies that the franchisee makes these decisions without influence or advice from Del Taco. This arrangement ensures that Del Taco is not considered a joint employer with the franchisee.
Therefore, if a Del Taco franchisee deems it necessary to purchase additional tablets for above-restaurant level employees, the cost would be the responsibility of the franchisee. This aligns with the standard franchise model where the franchisee manages the day-to-day operations and bears the associated costs, while the franchisor provides the brand, system, and support.