10th Circuit Reinstates Labor Secretary’s Suit Over Jani-King Franchises

Mealey's (October 5, 2018, 9:40 AM EDT) -- DENVER — The U.S. secretary of Labor stated a facially plausible claim for relief to proceed with his lawsuit accusing Jani-King of Oklahoma Inc. of having an employer-employee relationship under the Fair Labor Standards Act (FLSA) with its franchisees and requesting that Jani-King be required to keep necessary employee records, the 10th Circuit U.S. Court of Appeals ruled Oct. 3, reversing a trial court’s dismissal with prejudice (R. Alexander Acosta v. Jani-King of Oklahoma, Inc., No. 17-6179, 10th Cir., 2018 U.S. App. LEXIS 27984)....