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 to such an extent as to render the franchisees “employees” and therefore, entitled to unpaid wages un the Pennsylvania Wage Payment and Collection Law (WPCL).  In some ways, this decision is a short understandable step from the DOL joint-employer ruling as both speak to excessive controls implemented by franchisors.  It brings to mind that old adage “Watch out what you ask for, you might just get it!”