Case Details

Year Initiated/Committed

2018

Year Resolved

2019

Settlement Amount

n/a

Court

Superior Court of King's County, Washington

Lead State

WA

Participating States

WA

Defendant(s)

Aaron’s; Abbey Carpet; Aire Serv; AAMCO; Annex Brands; Any Lab Test; Anytime Fitness; Applebee’s; Arby’s; Auntie Anne’s; A&W; Baskin Robbins; Batteries Plus Bulbs; Bonefish Grill; Budget Blinds;  Buffalo Wild Wings; Birger King; Carl’s Jr.; Carrabba’s Italian Grill; Charley’s Philly Cheesesteak; Chuck E. Cheese’s; Church’s Chicken; Cinnabon; Circle K; Comfort Keepers; CruseShipCenters; Curves, Inc.; Denny’s; Domino’s; Drama Kids; Edible Arrangements; Einstein Bros.; Engel & Volkers; European Wax Centers; Express Employment Professionals; Famous Dave’s Fast Signs; Figaro’s Italian Pizza; Firehouse Subs; Five Guys; Five Star Painting; Floors to Go; Frontier Adjusters; G&S Frugal’s; GNC; Gold’s Gym; H&R Block; Habit Burger Grill; Hand and Stone; Home Instead; IHOP: InXpress; ITEX Crop.; Jack in the Box; Jackson Hewitt; Jamba Juice; Jersey Mike’s Jiffy Lube; Jimmy John’s; Krispy Kreme; Kung Fu Tea; L&L Franchises; La Quinta; Little Caesars; Maid Pro; The Maids International; Management Recruiters International; Massage Envy; Mattress Depot; McDonald’s Meineke; Menchie’s Merry Maids; The Melting Pot; Mio Sushi; Mora Iced Creamery; Mrs. Fields; My Place Hotels; Outback; Panera; Papa John’s; Pizza Hut; Planet Fitness; Popeye’s; Pump It Up; Qdoba; Quiznos; Sizzler; Sonic; Sport Clips; Starcycle; Tan Republic; TCBY; The Original Pancake House; Tim Horton’s; UPS Store; Valvoline; Villa Ialian; Wetzel’s Pretzels; Westside Pizza; Wingstop; Zeek’s restaurants

Case Description

The Attorney General of Washington has entered into a series of agreements with 75 national chains who included so-called “no-poach” provisions in their franchise agreements. No-poach clauses appear in franchise agreements between owners of franchises and corporate headquarters. The clauses prohibit employees from moving among stores in the same corporate chain, a practice that economists believe stagnates wages. For example, the clauses would prohibit an employee at one Wetzel’s Pretzels location from accepting employment from another Wetzel’s Pretzels franchise location for higher pay. The attorney general’s office is seeking to eliminate all no-poach clauses nationwide.  The settlement require that the corporations no longer include no-poach language in new franchise agreements. Additionally, the companies will no longer enforce no-poach provisions currently included in franchise agreements at their locations nationwide where tens of thousands of workers are employed. Finally, the companies must remove current no-poach clauses from their Washington
contracts within 120 days of the agreement, and from their nationwide contracts as they come up for renewal.