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...

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