October 4, 2018 / 12:04 AM / 20 days ago

10th Circuit revives DOL's claims that janitors are franchise firm's employees

A federal appeals court on Wednesday revived a U.S. Department of Labor lawsuit claiming a major janitorial services company’s Oklahoma franchisees are actually its employees, saying it did not matter that the workers were required to form their own companies.

A unanimous three-judge panel of the 10th U.S. Circuit Court of Appeals said a federal judge in Oklahoma City who dismissed the claims against Jani-King International Inc’s Oklahoma subsidiary failed to apply the proper test for determining whether the franchisees are independent contractors or employees.

To read the full story on Westlaw Practitioner Insights, click here: bit.ly/2OsYIiv

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