Morgan, Brown & Joy Attorney Catherine Scott Files Amicus Brief in Support of MassDLA’s Position in Patel v. 7-Eleven, Inc.
Catherine (Cat) Scott, an attorney at Boston labor and employment law firm Morgan, Brown & Joy, filed an amicus brief on behalf of the Massachusetts Defense Lawyers Association (MassDLA) in connection with Patel v. 7-Eleven, Inc., a landmark case centered around independent contractor classification.
In this matter, plaintiffs, owners and operators of 7-Eleven franchises in Massachusetts, filed a putative class action against 7-Eleven, Inc. for alleged violations of the Massachusetts Independent Contractor Law (ICL), the Massachusetts Wage Act, and the Massachusetts Minimum Wage Law, challenging 7-Eleven’s decision to classify them (the franchisees) as independent contractors rather than employees. The matter has had a twisted and protracted appellate history with the Massachusetts Supreme Judicial Court (SJC) hearing argument in this matter for the second time in April 2024 on the issue of whether plaintiffs performed “any service” for 7-Eleven under the Massachusetts ICL.
On September 5, 2024, the SJC issued its decision holding that 7-Eleven franchisees, operating in a “typical” franchisee-franchisor relationship, were properly characterized as independent contractors, and not employees, with respect to the corporate franchisor under Massachusetts law. The SJC held that the franchisees did not “perform any service” for the franchisor that would trigger Massachusetts’ onerous ABC test (which determines when and under what circumstances an individual can be classified as an independent contractor rather than an employee). This decision resolves any ambiguity in favor of franchisors in Massachusetts regarding the classification of their franchisees and is the result of years of litigation and multiple appellate decisions.
Scott, on behalf of MassDLA, filed an amicus brief with the SJC arguing in favor of the franchisor and its argument that its franchisees were properly classified as independent contractors, and not employees. The MassDLA argued that adopting the position of the plaintiffs would drastically broaden the scope of traditional business relationships that would also be deemed employer-employee relationships, a position with which the SJC appeared to agree in its ruling.
Scott is a litigator and labor and employment lawyer defending and advising employers. She helps companies navigate workplace allegations such as employment discrimination, retaliation, wrongful discharge, Family and Medical Leave Act, breach of contract, and wage and hour class actions, among others. In addition to appearing in federal and state courts, Scott appears before government agencies including the EEOC, MCAD, Department of Labor, Department of Housing and Urban Development, and other state anti-discrimination agencies. In her labor law practice, Scott’s experience includes representing companies in both representation and unfair labor practices proceedings at the National Labor Relations Board and Massachusetts Department of Labor Relations. She also represents employers in collective bargaining efforts. Scott has particular interest and experience in appellate work surrounding labor and employment matters.
The MassDLA is a voluntary association of trial lawyers who defend corporations, individuals, and insurance companies in civil lawsuits. The purpose of the MassDLA is to improve the administration of justice, legal education, and professional standards and to promote collegiality and civility among all members of the bar.
About Morgan, Brown & Joy, LLP
For over 100 years, Morgan, Brown & Joy has been among the largest management-side labor and employment law firms in New England, representing a wide range of Fortune 100 corporations, educational and health care institutions and small businesses across all sectors of the economy. The firm’s attorneys are known for anticipating and finding solutions to the ever-expanding range of employment-related legal issues in order to avoid the time and cost of litigation. When litigation becomes necessary, the firm aggressively defends its clients and has a proven record of success.