Independent Contractors

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People v. Pac Anchor Transp., Inc., 2014 WL 3702674 (Cal. S. Ct. 2014)

The People on behalf of the State of California filed this unfair competition law (“UCL”) action against Pac Anchor Transportation, Inc., for misclassifying drivers as independent contractors and for other alleged violations of California labor and unemployment insurance laws.  In response, Pac Anchor filed a motion for judgment on the pleadings…

Alexander v. FedEx Ground Package Sys., Inc., 2014 WL 4211107 (9th Cir. 2014)

In this class action the named plaintiffs represent approximately 2,300 individuals who were full-time delivery drivers for FedEx in California between 2000 and 2007.  FedEx characterizes its drivers as independent contractors in its Operating Agreement.  Similar cases to this one were filed in approximately 40 states, and the Judicial Panel…

Ayala v. Antelope Valley Newspapers, Inc., 2014 WL 2924954 (Cal. S. Ct. 2014)

Plaintiffs Maria Ayala, Rosa Duran and Osman Nuñez sought to certify a class of newspaper home delivery carriers in a lawsuit brought against Antelope Valley Newspapers, Inc. (“AVN”), alleging that AVN had improperly classified the carriers as independent contractors rather than employees in violation of California labor laws. The trial court…

On Monday, June 30, 2014, the California Supreme Court handed down its decision in Ayala v. Antelope Valley Newspapers, a lawsuit brought on behalf of a group of newspaper delivery carriers who alleged that they had been misclassified as independent contractors instead of employees.  The trial court had initially denied certification, finding that common issues did not predominate and that a classwide trial would…

Bradley v. Networkers Int’l, LLC, 2012 WL 6182473 (Cal. Ct. App. 2012)

The three named plaintiffs in this case were among approximately 140 skilled workers retained by Networkers to provide repair and installation services at cell sites. Each worker was required to sign a standard contract, which stated that he or she was an independent contractor rather than an employee. The purported independent contractor…

Ruiz v. Affinity Logistics Corp., 667 F.3d 1318 (9th Cir. 2012)

Fernando Ruiz and similarly situated drivers filed a class action against Affinity alleging violations of the Fair Labor Standards Act and California law for failure to pay overtime, failure to pay wages, improper charges for workers’ compensation insurance and unfair business practices. To work for Affinity, the drivers had to enter into an…

Arnold v. Mutual of Omaha Ins. Co., 202 Cal. App. 4th 580 (2011)

Kimbly Arnold filed a complaint against Mutual of Omaha on her behalf and on behalf of a putative class of similarly situated “licensed agents” and “sales representatives” of the company, alleging violations of the California Labor Code, including provisions governing expense reimbursement of employees and timely payment of final wages to…

SeaBright Ins. Co. v. US Airways, Inc., 52 Cal. 4th 590 (2011)

US Airways uses a conveyor to move luggage at San Francisco International Airport. US Airways hired independent contractor Lloyd W. Aubry Co. to maintain and repair the conveyor and did not direct Aubry’s employees in their work. The conveyor lacked certain safety guards in violation of various Cal-OSHA regulations. After one of…

Oravecz v. New York Life Ins. Co., 95 Cal. Rptr. 3d 1 (Cal. Ct. App. 2009)

Paul Oravecz sued Steve Roth and New York Life (which was allegedly Roth’s employer) after losing money in an investment in an offshore foreign currency trading fund, which Oravecz alleged was a “Ponzi scheme.” Among the claims Oravecz alleged against New York Life were negligent misrepresentation, failure to…

Oravecz v. New York Life Ins. Co., 95 Cal. Rptr 3d 1 (Cal. Ct. App. 2009)

Paul Oravecz sued Steve Roth and New York Life (which was allegedly Roth’s employer) after losing money in an investment in an offshore foreign currency trading fund, which Oravecz alleged was a “Ponzi scheme.” Among the claims Oravecz alleged against New York Life were negligent misrepresentation, failure to…