7-Eleven, Franchisee Case Headed Back to Massachusetts Top Court

Aug. 30, 2023, 4:14 PM UTC

7-Eleven Inc. and franchisees who say it misclassified them as independent contractors under Massachusetts law will take another trip to the state’s high court after the First Circuit certified to it a question on the statute’s interpretation.

The franchisees, who operate 7-Eleven convenience stores, argue that they’re really employees under a three-prong “ABC test” for determining worker status.

It’s clear that the parties’ latest appeal “turns on what entails ‘performing any service’” as used in the Massachusetts Independent Contractor Law, the US Court of Appeals for the First Circuit said in its Tuesday referral.

The Massachusetts Supreme Judicial Court should ...

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