California

California Court of Appeal Enforces Contractor’s Agreement to Arbitrate Misclassification Claims Out of State

From the National Law Review — “This case is important for two reasons:  (1) the court upheld an arbitration agreement between a Seattle-based company and a California plaintiff challenging his status (and that of the putative class) as an independent contractor (v. employee), even though the agreement provided for the application of Washington law and…

Nailing Down Independent Contractor Status

From HG.org — Erin Mindoro provides an excellent review of the Happy Nails and other independent contractor cases — Happy Nails & Spa of Fashion Valley v. Su, 217 Cal.App.4th 1459 (2013), order not to publish at 2013 Cal LEXIS 9473, Dalton v. Lee Publication, Inc., 2013 U.S. Dist. LEXIS 71291 (S.D. Cal. 2013), Scantland v. Jeffrey Knight,…

Cal. Supreme Court Clarifies Standards for Class Certification of Independent Contract Class Actions

From Sheppard Mullin Richter & Hampton LLP — The California Supreme Court said that the standard for certifying a class of independent contractors.  The standard is: “if the right to control was the same across the class, it was proper to certify the class, even if the actual amount of control exercised varied widely from one delivery…

Owner Liable For Unpaid Wages And Liquidated Damages for Misclassifying Workers as Independent Contractors

From Mondaq Employment and HR — “Following an investigation into certain residential treatment facilities for the elderly, disabled and mentally ill, the DOL obtained a  default judgment against the husband and wife owners of the facilities for various wage and hour violations under the Fair Labor Standards Act, including an award of liquidated damages. In Perez v.…

9th Circuit Shows No Affinity For Independent Contractor Status In Delivery Drivers

From Mondaq Employment and HR “In Ruiz v. Affinity Logistics Corporation, the Court of Appeals rejected the district court’s conclusion that Affinity’s drivers were independent contractors, a decision the district court had reached based on the fact that the drivers had established their own businesses, obtained their own Employee Identification Numbers, signed independent contractor agreements, and…

California: When is an Independent Contractor Actually an Employee?

From Rukin Hyland Doria & Tindall LLP — “The U.S. Department of Labor has published a worksheet that describes the factors that courts generally consider under the Fair Labor Standards Act when determining whether an employment relationship exists.  These include: 1) The extent to which the work performed is an integral part of the employer’s business; 2) Whether the worker’s…

Another Logistics and Delivery Company Found to Have Misclassified its Drivers as Independent Contractors

From the  Independent Contractor Compliance and Misclassification Legal Blog — “The Ninth Circuit set forth the governing law in California that the “right to control work details is the most important or most significant consideration.” In determining which work details are important, the Court stated that the key are those details that relate to control over “the…

Delivery drivers are employees, not independent contractors, Ninth Circuit rules

From Lexology — “In a decision issued June 16, 2014, the Ninth Circuit ruled that despite the contract terms to the contrary, delivery drivers for Affinity Logistics were employees under California law, not independent contractors.  The Court of Appeals disregarded the fact that the drivers all had independent contractor agreements, formed their own corporate entities, paid for…

Why many truckers choose independence

From the Press-Telegram — “Within three short years, I went from working for others to owning and operating my own business enterprise. Being an owner-operator provided me opportunity and through hard work, I’ve been able to explore different parts of the country, purchase my own fleet of trucks, manage my own operation, and now have…

Two janitorial companies to pay more than $1.5 million for worker misclassification

From Transportation, Safety, Human Resources Compliance – J. J. Keller & Associates —  “The California Labor Commissioner issued citations totaling more than $1.5 million to two janitorial companies for multiple wage theft violations. The investigation found that the two companies, which worked together to supply janitorial services in Los Angeles and Orange counties, intentionally misclassified their staff…