No. 23-1043.

81 F.4th 73 (2023)

Dhananjay PATEL, Safdar Hussain, Vatsal Chokshi, Dhaval Patel, and Niral Patel, on behalf of themselves and all others similarly situated, Plaintiffs, Appellants, v. 7-ELEVEN, INC., Defendant, Third-Party Plaintiff, Appellee, Mary Cadigan; Andrew Brothers, Defendants, DP Milk Street Inc.; DP Jersey Inc.; DP Tremont Street Inc.; DPNEWTO1, Third-Party Defendants.

United States Court of Appeals, First Circuit.

August 29, 2023.

Attorney(s) appearing for the Case

Shannon Liss-Riordan , with whom Michelle Cassorla and Lichten & Liss-Riordan, P.C. were on brief, for appellants Dhananjay Patel, Safdar Hussain, Vatsal Chokshi, Dhaval Patel, and Niral Patel.

David C. Kravitz , Deputy State Solicitor, with whom Douglas S. Martland , Assistant Attorney General, Peter N. Downing , Assistant Attorney General, and Kate Watkins , Assistant Attorney General, were on brief, for the Commonwealth of Massachusetts, amicus curiae.

Norman M. Leon , with whom Patricia C. Zapata , DLA Piper LLP, Matthew J. Iverson , and Nelson Mullins Riley & Scarborough LLP were on brief, for appellee 7-Eleven.

Before Montecalvo, Selya, and Thompson, Circuit Judges.

Plaintiffs, who collectively comprise a putative class of franchisees, have been classified as independent contractors of their franchisor, Defendant 7-Eleven, Inc. ("7-Eleven"). Wishing instead to be classified as employees, Plaintiffs sued 7-Eleven for violations of Massachusetts wage laws.

For the second time now, this case presents...

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