Can the Franchisor Set Prices on Your Menu? It Depends…

As franchisee lawyers, franchisees often ask us about a franchisor’s right to set franchisees’ prices.  Most franchisees assume they can set their own pricing, and many claim it is an antitrust violation for a franchisor to set their prices. Unfortunately, that is not generally the case, and the answer is a bit more complicated. With…

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US 3rd Circuit Rules Franchisees are Employees!

In a deeply divided 2-1 decision, the US 3rd Circuit Court of Appeals, sitting in Philadelphia, has ruled to certify a class action lawsuit against franchisor Jani-King of Philadelphia wherein the plaintiff franchisees contend they were wrongfully categorized as independent contractors  The plaintiffs argue that the control that the franchisor exercised over their day-to-day tasks…

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