Noe v. Superior Court, 237 Cal. App. 4th 316 (2015)

Several vendors who sold food and beverages at various entertainment venues in southern California sued for failure to pay minimum wage and willfully misclassifying them as independent contractors in violation of Cal. Lab. Code § 226.8. In this opinion, the Court of Appeal held that Section 226.8 applies not only to employers who make a misclassification decision but extends to any employer who is aware that a co-employer has willfully misclassified their joint employees and fails to remedy the misclassification. However, the Court further held that Section 226.8 cannot be enforced through a direct private action and may be enforced only by the California Labor Commissioner. On that basis, the Court denied plaintiffs’ petition for writ of mandate.