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    inquisitor1245's Avatar
    inquisitor1245 Posts: 1, Reputation: 1
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    #1

    Feb 12, 2007, 12:13 PM
    Principal place or places of business
    Would a franchisor's franchisees locations be legally considered among the franchisor's
    Places of business? I was employed by a franchisor as the company representative to the franchisees. I have reason to believe that my former employer may have misclassified my overtime exemption status as an outside salesperson. If the franchisees are indeed a place of the franchisors business, I should be eligible for back overtime.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Feb 12, 2007, 02:25 PM
    If the franchise company employees you and you to to a franschise, he does not own it, someone else owns each separate franschise and the actual coporation that issues the franchise may own no actual places of business beyond a office,

    For example McDonlds does not actually own most of all of those hamburger places all over the place they are owned by individuals or other corporatons.

    I own a franchise for example, it is mine, I rent the buiding hire the employees that work for me. If the Corporation that issues the franchise sends their worker to my location, it is still my location not thiers legally, I do have a contract obligation to them, that is all.

    And there are many other factors into overtime exemption beyond a title, a sales person working within its own company stores could be exempt by other factors.

    But there are 1000's of mangers and other employees working on salary that never leave a desk in their employors office, so that specific rule has little value as to being exempt or non exempt

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