We have brought cases against Coverall, JaniKing, Jan-Pro, CleanNet, and Systems 4 for deceptive business practices and misclassification of cleaning workers as independent contractors.  

The federal court has ruled that Coverall has misclassified its franchisees as independent contractors under Massachusetts law.  We are now seeking court rulings to assess damages owed to all Coverall franchisees who have performed cleaning work in Massachusetts.  

A state court judge in Georgia has also granted our motion for summary judgment, finding a Jan-Pro franchisee was an employee under Massachusetts law.  We are now awaiting a ruling from the federal court in Massachusetts to rule on the parties’ cross-motions for summary judgment in our nationwide class action complaint. 

In our case against Jani-King, we have obtained class certification on our claim that franchisees who have worked in Massachusetts were misclassified as independent contractors.  As in the Coverall and Jan-Pro cases, we have alleged that Jani-King franchisees are actually employees, who should not have been required to pay to obtain their work and have been subject to excessive fees and improper deductions from their pay.

The CleanNet and Systems 4 cases are at an earlier stage in the proceedings, and we expect the rulings from these other cases to have a significant impact on these cases.  We are also preparing a complaint against All-Pro.

If you have bought a cleaning franchise from one of these or other cleaning franchise companies and did not receive the business you expected, had accounts taken away from you, or were not paid properly, we would like to talk to you. Please contact us right away for more information on these cases. 

What's next: The plaintiff's perspective - Employment Reclassification Case Targets Labor Abuses by 'Franchisers'
Bulletproof Blog | June, 2010

Shannon Liss-Riordan discusses Awuah and other issues
LJN's Franchising Business & Law Alert | June, 2010

When franchisees are ruled employees, all bets are off
Franchise Times | May, 2010

Franchisees miscast as independent contractors
Massachusetts Lawyers Weekly| April, 2010

Federal Judge: Franchising sounds like ponzi schme
Blue MauMau | April, 2010

Cleaning workers were employees, not independent contractors
National Law Journal | March, 2010

Taking off the Gloves - Commercial cleaning franchisees sue
Franchise Times | August, 2009

National Lawsuit Against Coverall North America, Inc.

Another Mass franchisee sues cleaning firm
Boston Globe | February, 2007

Immigrants cry foul over cleaning franchises
Boston Globe | June, 2005

Coverall North America, Inc. v. Com’r of Div. of Unemployment, 447 Mass. 852 (2006) (amicus) (Supreme Judicial Court held that “franchisee” cleaning worker was employee entitled to unemployment compensation upon termination, not independent contractor)

Awuah et al. v. Coverall North America, Inc., 2009 WL 159423 (1st Cir. 2009) (First Circuit affirmed trial court's ruling that court, rather than arbitrator, may decide whether arbitration clause is unconscionable)