California

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…

Employee or Independent Contractor? The Risks of Making A Wrong Decision Grow

From California Peculiarities Employment Law Blog —  “Employers use independent contractors instead of employees for a variety of reasons and under a variety of circumstances.  The decision to use independent contractors has never been without risk, including the risk of class action lawsuits.  However, the stakes in California for misclassifying independent contractors were raised significantly when new…