Tag Archives: Domino’s

The Contours of a Franchisor’s Vicarious Liability

In a ruling that reflects a clear understanding of the distinction between the roles of the franchisor and franchisee, the Appeals Court of Massachusetts recently held that Domino’s was not vicariously liable for the acts of its franchisee that resulted in the death of the franchisee’s delivery driver.  LeClairRyan represented the franchisor in the case, Lind v. Domino’s Pizza, LLC, 87 Mass. App. Ct. 650 (July 29, 2015). The facts of the case are tragic.  Alex Morales, a customer, telephoned the store around 2:30 a.m. to order a pizza.  Morales killed the delivery driver, Corey Lind, and was later convicted …

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Franchisors Are Not Joint Employers

The National Labor Relations Board (NLRB) caused an earthquake in the field of franchising with the General Counsel’s announcement July 29, 2014, of complaints against McDonald’s USA, LLC.  The NLRB General Counsel (GC) authorized the issuance of complaints of alleged labor law violations against the franchisor as the joint employer with its franchisees.  Those who brought the complaints were employees of franchisees. The prospect of being jointly liable with a franchisee for a franchisee’s labor law violations is shocking to franchisors.  The NLRB GC’s approach is a radical change from more than 30 years of settled law that respects the distinct …

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