Burger King Workers Fight To Revive No-Poach Suit

By Carolina Bolado (September 22, 2021, 3:59 PM EDT) -- A proposed class of Burger King workers tried Wednesday to revive their suit over no-poach provisions in franchise agreements, telling the Eleventh Circuit that the lower court's ruling that the corporation and its franchisees are not distinct runs counter to Supreme Court precedent stating franchisees are competing businesses.

In oral arguments held virtually before an appellate panel, the workers, backed by the U.S. Department of Justice's Antitrust Division, leaned heavily on the 2010 decision in American Needle Inc. v. National Football League, in which the Supreme Court said NFL teams are independently owned and managed businesses with separate economic interests that...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!