CNNMoney.com:
A trio of Burger King Holdings Inc. (BKC) franchisees filed an amended lawsuit claiming the phrasing of its franchisee agreement prohibits the parent company from forcing operators to keep their stores open longer.
The franchisees submitted the amended complaint against the parent company Thursday in Miami-Dade Circuit Court. They argue that forcing stores to open early and stay late into the night wastes money and puts employees at risk.
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 new complaint argues that the language of the operating-hours provision only allows the parent company to reduce the mandated number of hours that stores can remain open, while extending the hours would require amendments to the franchisee agreement.
Burger King representatives weren’t immediately available for comment, but had previously maintained that the company has the right to set required hours to keep up with competitors.
The franchisees are seeking to reverse a companywide directive requiring them 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.