Depianti v. Jan-Pro Franchising International
Massachusetts Supreme Judicial Court
990 N.E.2d 1054 (2013)
- Written by Jenny Perry, JD
Facts
Jan-Pro Franchising International, Inc. (Jan-Pro) (defendant) sold regional rights to use its Jan-Pro brand to so-called regional master franchisees, who in turn sold rights to unit franchisees. The unit franchisees performed janitorial services for customers. The unit franchisees were classified as independent contractors, not employees. Giovani Depianti (plaintiff) was a unit franchisee, having contracted with a regional master franchisee, BradleyMktg Enterprises, Inc. (Bradley). Depianti sued Jan-Pro in federal court, alleging unfair and deceptive business practices and claiming that he was misclassified as an independent contractor. The federal court certified the following two questions of law to the Massachusetts Supreme Judicial Court: (1) whether and how to apply the right-to-control test for vicarious liability in the context of a franchisor-franchisee relationship and (2) whether a defendant could be held liable for employee misclassification under Massachusetts wage laws in the absence of a contract for services between the plaintiff and defendant.
Rule of Law
Issue
Holding and Reasoning (Lenk, J.)
Dissent (Cordy, J.)
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