Let Me Tell You What It’s All About
Jan-Pro Franchising, International, Inc. is a franchisor whose franchisees offer cleaning and janitorial services. In
Vazquez v. Jan- Pro (“
Vazquez”), in May 2017, the Northern District of California granted Jan-Pro summary judgment in a case brought by independent contractor franchisees claiming they should have been treated as Jan-Pro employees. The plaintiffs then appealed the ruling to the U.S. Court of Appeals for the Ninth Circuit.
While the appeal was pending, the California Supreme Court issued its decision in
Dynamex (which we previously posted about here). In
Dynamex, the court held that, for purposes of claims arising from the Wage Orders, the “ABC” test governs whether workers are properly classified as independent contractors rather than employees.