Jani-King is a commercial cleaning franchise company that has been facing lawsuits in recent years. These lawsuits allege that Jani-King has misclassified its workers as independent contractors, violated wage and hour laws, and engaged in other unfair business practices.
What are the allegations in the lawsuits?
The lawsuits against Jani-King allege a variety of violations, including:
- Misclassification of workers as independent contractors: Jani-King has been accused of misclassifying its workers as independent contractors in order to avoid paying them minimum wage and overtime pay.
- Wage and hour violations: Jani-King has also been accused of violating wage and hour laws by failing to pay workers for all hours worked, failing to provide breaks and meal periods, and making illegal deductions from workers’ paychecks.
- Unfair business practices: Jani-King has also been accused of engaging in unfair business practices such as charging franchisees excessive fees and requiring them to purchase supplies and equipment from the company at inflated prices.
What is the status of the lawsuits?
Several lawsuits against Jani-King are currently pending in federal and state courts across the country. In 2022, Jani-King reached a $15.35 million settlement with a class of janitors in California who alleged that they were misclassified as independent contractors. The settlement also required Jani-King to make changes to its business practices, such as transitioning the ownership of cleaning accounts directly to franchisees who wish to continue performing cleaning services.
What are the implications of the lawsuits for Jani-King franchisees and workers?
The lawsuits against Jani-King could have significant implications for franchisees and workers. If Jani-King is found to have violated the law, it could be required to pay workers back wages and damages. Franchisees could also be held liable for wage and hour violations if they are found to be joint employers of Jani-King workers.
What can Jani-King franchisees and workers do to protect themselves?
Jani-King franchisees and workers should be aware of the allegations against the company and take steps to protect themselves. Franchisees should review their franchise agreements carefully to make sure that they understand their rights and obligations. Franchisees should also keep accurate records of their hours worked and expenses. Workers should also keep accurate records of their hours worked and pay received. If franchisees or workers believe that their rights have been violated, they should contact an experienced employment lawyer.
Conclusion
The lawsuits against Jani-King are still ongoing, so it is too early to say what the ultimate outcome will be. However, the lawsuits could have significant implications for Jani-King franchisees and workers. Franchisees and workers should be aware of the allegations against the company and take steps to protect themselves.
FAQs:
Q: What is the difference between an employee and an independent contractor?
A: Employees are generally entitled to minimum wage and overtime pay, as well as other benefits such as health insurance and paid time off. Independent contractors are not entitled to these benefits.
Q: What are the signs that a worker has been misclassified as an independent contractor?
A: Some of the signs that a worker has been misclassified as an independent contractor include:
- The worker is required to follow a set schedule or dress code.
- The worker is provided with tools and equipment by the employer.
- The worker is not allowed to work for other companies.
- The worker is subject to the employer’s control.
Q: What should I do if I believe that I have been misclassified as an independent contractor?
A: If you believe that you have been misclassified as an independent contractor, you should contact an experienced employment lawyer to discuss your options.
Q: What are the risks to franchisees if Jani-King is found to have violated wage and hour laws?
A: Franchisees could be held liable for wage and hour violations if they are found to be joint employers of Jani-King workers.
Sources
Jani-King California Settlement: Home: https://janikinglawsuitca.com/
O&S Achieves $15,350,000 Settlement Against Jani-King California, Inc.: https://os-legal.com/os-achieves-15350000-settlement-against-jani-king-california-inc/
Jani-King franchise agreements didn’t violate labor laws – 2nd Circ.: https://www.reuters.com/legal/transactional/jani-king-franchise-agreements-didnt-violate-labor-laws-2nd-circ-2021-09-09/