In Geselle v. Jack in the Box, 3:14-CV-1092-BR (D. Or. Dec. 13, 2016), the district court had just reviewed the joint pretrial order in this 6-year-old case, and was entertaining certain issues for summary judgment. In 2016, the parties cross-moved for partial summary judgment and the court was called upon to resolve tricky issues regarding arbitration in wage and hour disputes and joint employment generally.
In 2010, employees of Jack in the Box in Oregon filed a class action for the violation of the minimum wage and overtime provisions under the Fair Labor Standards Act (FSLA), as well as various violations of Oregon law. Before the case came to trial, Jack in the Box sold selected company-owned stores to franchisees. As the case was being prepared for trial, a new plaintiff, Jason Diaz joined in 2011, and Jack in the Box filed a summary judgment motion to limit the issues at trial. After review in the U.S. Court of Appeals for the Ninth Circuit, the case was remanded for trial and summary judgment was filed on certain aspects of the case.
Employee of Franchisee is not Employee of Franchisor
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