On September 5, 2024, the Massachusetts Supreme Judicial Court (“SJC”) ruled in Patel v. 7-Eleven that 7-Eleven franchisees are not employees of the franchisor under the independent contractor statute. The SJC looked beyond...more
In the ever-evolving landscape of employment law, a recent Massachusetts Supreme Judicial Court (SJC) opinion, Patel v. 7-Eleven, Inc., has shed light on a critical question: When is a franchisee considered an employee of the...more
In the April 2023 OnSite issue, the Saiber Construction Law Column discussed a 2022 case in which the Supreme Court of Maryland held that a party who hires an independent contractor is generally not liable to an employee of...more
The First Circuit Court of Appeals recently certified to the Massachusetts Supreme Court the question of whether franchisee plaintiffs in an ongoing case pass the threshold inquiry under the state’s three-prong employee...more
A federal court recently ruled that 7-Eleven franchise owners are not employees of the franchisor, the latest development in a long-running legal saga challenging their status as independent contractors. However, this...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more
The Massachusetts Supreme Judicial Court (the “SJC”) recently ruled that two initiative petitions seeking to define and regulate the relationship between network companies and app-based drivers are not suitable for placement...more
As we reported last month and back in January, the Massachusetts Supreme Judicial Court (SJC) was considering whether voters in the state could weigh in on a ballot initiative classifying app-based drivers (those using...more
As we wrote back in January, Massachusetts is in the midst of a multi-fora battle over whether gig drivers (those using app-based platforms such as Uber, Lyft, DoorDash, and Instacart) should be treated as employees or...more
The Massachusetts Supreme Judicial Court recently issued three decisions with significant implications for employers in the commonwealth, holding that (1) when an employer pays wages to an employee after the deadlines...more
On March 24, 2022, in the case of Patel v. 7-Eleven, Inc. (No. SJC-13166), the Supreme Judicial Court (SJC), the highest court in the Commonwealth of Massachusetts, ruled that whether a franchisee is an independent contractor...more
On March 24, 2022, the Massachusetts Supreme Judicial Court (“SJC”) determined that the Massachusetts independent contractor statute (G. L. c. 149, § 148B) applies within the franchisor-franchisee context and does not...more
On March 24, 2022, the Massachusetts Supreme Judicial Court (SJC) handed down a key ruling that could have a significant impact on franchising across the state. In Patel v. 7-Eleven, Inc., the SJC was asked whether the...more
Patel v. 7-Eleven, a case in Massachusetts, has been closely watched since the ABC test took hold of franchise relationships in employee misclassification cases across the country. A putative class of 7-Eleven franchisees...more
The Massachusetts Supreme Judicial Court just held that 7-Eleven franchisees may be employees of 7-Eleven under Massachusetts wage and hour law. The March 24 decision in Dhananjay Patel v. 7-Eleven, Inc. will have significant...more
In a recent ruling, Jinks v. Credico (USA) LLC, 177 N.E.3d 509 (Mass. 2021), three individual Plaintiffs brought suit alleging that the Defendant jointly employed them with another entity. The Massachusetts court applied a...more
In a recent decision, the Massachusetts Supreme Judicial Court (SJC) confirmed that the framework used in federal Fair Labor Standards Act (FLSA) cases, not the ABC classification test set forth in Massachusetts’ independent...more
In Jinks v. Credico, an opinion issued on December 13, the Massachusetts Supreme Judicial Court declined to extend the application of the state’s highly restrictive independent-contractor statute. The SJC held that the...more
The Massachusetts Supreme Judicial Court has issued an opinion in Jinks v. Credico (USA), LLC setting forth the appropriate standard governing joint employer liability under the Massachusetts Wage Act. The Massachusetts...more
Massachusetts’ Supreme Judicial Court held that to determine whether an entity jointly employs an individual for purposes of the state’s minimum wage and overtime laws, courts should apply the Fair Labor Standards Act’s test,...more
Earlier this summer, Governor Baker signed into law a long-awaited bill restricting the use of non-competition agreements. This bill took effect on October 1, 2018, and will apply to agreements entered on or after that date....more
The Massachusetts Supreme Judicial Court (SJC) held yesterday in Camargo’s Case that a worker’s eligibility for workers' compensation benefits is contingent upon the worker proving that he/she is an “employee” under the...more
In our update for last month’s developments in this area of the law, we report on five significant court cases involving companies in the transportation industry that use ICs as an integral part of their business model. Each...more
Massachusetts’s highest court recently issued a decision that impacts the ability of delivery companies operating in the commonwealth to use independent contractors in providing delivery services. In Chambers v. RDI...more
A few months ago we wrote about a case awaiting decision by the Massachusetts Supreme Judicial Court (“SJC”) entitled Monell, et al. v. Boston Pads LLC, et al., SJC-11661, a case then on appeal from a decision of the Suffolk...more