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MACHADO v. SYSTEM4 LLC

No. SJC-11175.

465 Mass. 508 (2013)

EDSON TELES MACHADO & others v. SYSTEM4 LLC & another.

Supreme Judicial Court of Massachusetts, Norfolk.

June 12, 2013.

Attorney(s) appearing for the Case

Eric H. Karp ( Brigid Harrington with him) for the defendants.

Shannon Liss-Riordan ( Claret Vargas & James W. Simpson, Jr. , with her) for the plaintiffs.

The following submitted briefs for amici curiae:

Audrey R. Richardson & Donald J. Siegel for Massachusetts AFL-CIO & others.

Victoria W. Ni , Leslie A. Bailey , & Spencer J. Wilson , of California, Scott L. Nelson & F. Paul Bland, Jr. , of the District of Columbia, & Matthew W.H. Wessler for Public Justice, P.C., & another.

Robin S. Conrad , Kate Comerford Todd , & Shane B. Kawka , of the District of Columbia, Alan E. Schoenfeld , of New York, & Mark C. Fleming for Chamber of Commerce of the United States of America.

Ben Robbins & Martin J. Newhouse for New England Legal Foundation.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.

CORDY, J.

The plaintiffs are individuals who have entered into contracts, called "local franchise agreements," with defendants System4 LLC (System4) and NECCS, Inc. (NECCS) (collectively, defendants), for the provision of commercial janitorial services to third-party customers.3 The plaintiffs commenced this action in the Superior Court as a class action, alleging that the defendants misclassified the named plaintiffs and other similarly...

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