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DEPIANTI v. JAN-PRO FRANCHISING INTERNATIONAL, INC.

SJC-11282

465 Mass. 607 (2013)

GIOVANI DEPIANTI & others v. JAN-PRO FRANCHISING INTERNATIONAL, INC.

Supreme Judicial Court of Massachusetts, Suffolk.

June 17, 2013.

Attorney(s) appearing for the Case

Shannon Liss-Riordan ( Stephen S. Churchill with her) for the plaintiffs.

Jeffrey M. Rosin ( Christopher M. Pardo with him) for the defendant.

Benjamin B. Reed & James C. Rubinger , of Virginia, for International Franchise Association, amicus curiae, submitted a brief.

Catherine Ruckelshaus , of New York, Eunice Hyunhye Cho , of California, & Audrey Richardson for Brazilian Immigrant Center & others, amici curiae, submitted a brief.

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

LENK, J.

Giovani Depianti, a janitorial cleaning services franchisee, along with franchisees from other States, filed this putative class action in the United States District Court for the District of Massachusetts against the defendant, Jan-Pro Franchising International, Inc. (Jan-Pro). Depianti alleges, inter alia, that Jan-Pro misclassified him as an independent contractor, see G. L. c. 149, § 148B, and committed various wage law violations. A judge of the...

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