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Burger King franchisees refile suit over extended hours
December 8, 2008
CNN Money/Dow Jones: Three Burger King franchisees have filed an amended lawsuit claiming the phrasing of its franchisee agreement prohibits the parent company from forcing operators to keep their stores open longer. Last month, a judge dismissed the case without prejudice, asking the plaintiffs to rephrase their argument against extended late-night and early-morning hours.
The franchisees submitted the amended complaint against the parent company Dec. 4 in Miami-Dade Circuit Court in Florida. In June, a companywide directive required franchisees to keep their stores open until at least 2 a.m. local time on Thursday, Friday and Saturday nights, instead of the 11 p.m. closing time contained in the franchise agreement. Burger King started to relax some of the late-night hours recently, allowing franchisees to close as early as midnight on Thursdays rather than 2 a.m.
Burger King said in a statement that it has the right to require franchisees to keep their stores open a minimum number of hours and will seek to have the amended complaint dismissed on the same grounds.
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