Mujo v. Jani-King International, Inc., No. 20-111 (2d Cir. 2021)
Annotate this Case
Plaintiffs filed a class action on behalf of Connecticut-based franchisees, in which they allege that their franchise agreement misclassifies franchisees as independent contractors rather than employees. Plaintiffs claim that the collection of franchise fees violates the Connecticut Minimum Wage Act, Conn. Gen. Stat. 31-71e, and the Connecticut anti-kickback statute, Conn. Gen. Stat. 31-73.
The Second Circuit affirmed the district court's dismissal of the Connecticut Minimum Wage Act claim and grant of summary judgment on the anti-kickback claim. The court concluded that the district court correctly applied the principles set forth by the Connecticut Supreme Court in Geysen v. Securitas Sec. Servs. USA, Inc., 142 A.3d 227, 234 (Conn. 2016), and Mytych v. May Dep't Stores Co., 793 A.2d 1068, 1072 (Conn. 2002), in concluding that plaintiffs failed to state a claim under the Connecticut Minimum Wage Act. The court explained that, even if plaintiffs should have been classified as employees under Connecticut law, Mytych forecloses their section 31-71e claim. Likewise, the district court properly granted summary judgment to Jani-King on plaintiffs' unjust enrichment claim. Finally, the court denied plaintiffs' motion to certify proposed questions of law to the Connecticut Supreme Court.