What are my responsibilities regarding employment decisions at my Nothing Bundt Cakes Bakery?
Nothing_Bundt_Cakes Franchise · 2025 FDDAnswer from 2025 FDD Document
do not share or co-determine the employment terms and conditions of the Bakery's employees and do not affect matters relating to the employment relationship between you and the Bakery's employees, such as employee selection, promotion, termination, hours worked, rates of pay, other benefits, work assigned, discipline, adjustment of grievances and complaints, and working conditions. To that end, you must notify
Bakery personnel that you are their employer and that we, as the franchisor of Nothing Bundt Cakes, and our affiliates are not their employer or joint employer and do not engage in any employer-type activities for which only franchisees are responsible, such as employee selection, promotion, termination, hours worked, rates of pay, other benefits, work assigned, discipline, adjustment of grievances and complaints, and working conditions. You further acknowledge that we have no responsibility to ensure that the Bakery is developed and operated in compliance with all applicable laws, ordinances, and regulations, and that we shall have no liability in the event the development or operation of the Bakery violates any law, ordinance or regulation.
18.2 Indemnification.
Source: Item 23 — RECEIPTS (FDD pages 93–309)
What This Means (2025 FDD)
According to the 2025 Nothing Bundt Cakes FDD, as a franchisee, you are considered the employer of your bakery personnel, and Nothing Bundt Cakes is not a joint employer. This means you are responsible for all employer-type activities.
Your responsibilities include employee selection, promotion, termination, determining hours worked, setting rates of pay and other benefits, assigning work, and handling employee discipline, grievances, and complaints. You are also responsible for ensuring the Bakery is developed and operated in compliance with all applicable laws, ordinances, and regulations. Nothing Bundt Cakes has no responsibility to ensure compliance and will not be liable if the development or operation of the Bakery violates any law, ordinance, or regulation.
You are solely responsible for selecting, retaining, and paying your employees, as well as complying with all state, federal, and local employment laws and regulations. These laws include those related to hiring, firing, training, wage and hour requirements, compensation, promotion, record-keeping, data privacy and security, supervision, and discipline of employees, whether paid or unpaid, full or part-time. You must also handle all invoices for goods and services used in connection with operating the Bakery and determine whether to obtain any financing or credit necessary to establish and operate the Bakery. You agree to pay all current obligations and liabilities to suppliers, lessors, and creditors on a timely basis and indemnify Nothing Bundt Cakes if they are held responsible for your debts and elect to pay your obligations to preserve relationships with suppliers.