Franchisor To 9th Circuit: Wrong Standard Used In Franchisee Status Ruling

Mealey's (February 18, 2021, 2:33 PM EST) -- SAN FRANCISCO — A cleaning company franchisor that operates  a “three-tier” franchising model and was sued by the third tier for unpaid wages filed a petition on Feb. 16 in the Ninth Circuit U.S. Court of Appeals seeking a panel rehearing and rehearing en banc after the appellate court issued an amended opinion on Feb. 2 vacating a summary judgment ruling for the franchisor and remanded for the district court to consider whether the janitors are employees under the Dynamex Operations West, Inc. v. Superior Court standard in the first instance, arguing that the wrong standard was applied....