Dhananjay Patel1 & others2 vs. 7-Eleven, Inc., & others;3 DP Milk Street Inc. & others, third-party defendants.4, 489 Mass. 356

Summary

HOLDINGS: [1]-The court held independent contractor statute applied to the franchisor-franchisee relationship and was not in conflict with the franchisor's disclosure obligations set forth in FTC franchise rule because where a franchisee is an individual performing any service for a franchisor, the three-prong test set forth in the independent contractor statute applied to the relationship; [2]-As such, the court answered the certified question as follows: The three-prong test for independent contractor status set forth in the independent contractor statute, Mass. Gen. Laws Ann. ch. 149, § 148B, applied to the relationship between a franchisor and its franchisee, where the franchisor must also comply with the FTC Franchise Rule.