Independent Contractors

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Cristler v. Express Messenger Systems, Inc., 171 Cal. App. 4th 72 (2009)

James Cristler and others sued Express Messenger, a parcel delivery service, for violations of California law based upon Express’ allegedly illegal classification of its workers as independent contractors and not employees. Among other things, plaintiffs alleged violations of the California overtime requirements, as well as requirements to properly itemize wages and to…

Varisco v. Gateway Science & Eng’g, Inc., 166 Cal. App. 4th 1099 (2008)

Gateway engaged Al Varisco to provide construction inspection services on two projects it was doing for the Los Angeles Unified School District (“LAUSD”). Gateway retained Varisco pursuant to a letter agreement whereby he was to be paid $75 per hour for the inspection services, which he performed directly for the LAUSD.…

Estrada v. FedEx Ground Package Sys., Inc., 154 Cal. App. 4th 1 (2007)

Anthony Estrada, a former driver for FedEx, alleged unfair business practices under Business & Professions Code § 17200, contending that the pick-up and delivery drivers were improperly classified as “independent contractors” rather than employees and, as a result, they were owed reimbursement for employment-related expenses as required by Labor Code §…

Estrada v. RPS, Inc., 125 Cal. App. 4th 976 (2005)

Anthony Estrada, a former driver for RPS, alleged unfair business practices under Business & Professions Code § 17200, contending that RPS unlawfully classified its pickup and delivery drivers as “independent contractors” rather than employees and, as a result, had failed to reimburse them for employment-related expenses as required by Labor Code § 2802. After…

Pfohl v. Farmers Ins. Group, 2004 WL 554834 (C.D. Cal. Mar. 1, 2004)

Thomas Pfohl filed this putative class action for unpaid overtime under the Fair Labor Standards Act (FLSA) on behalf of himself and all other similarly situated individuals who worked for Farmers as temporary full-time insurance adjusters. In this proceeding, the District Court denied Pfohl’s Motion for Certification of Collective Action. Pfohl…

Ali v. L.A. Focus Publication, 112 Cal. App. 4th 1477 (2003)

Najee Ali, who worked as the community affairs columnist for L.A. Focus Publication, was terminated after he expressed support while a guest on a local radio program for Antonio Villaraigosa, a candidate for mayor of Los Angeles, and criticized United States Representative Maxine Waters for supporting another candidate, James Hahn, in the upcoming…

Appling v. State Farm Mut. Auto. Ins. Co., 340 F.3d 769 (9th Cir. 2003)

The State Farm agents in this case alleged that the company had terminated them in breach of their independent contractor agreements. The district court granted summary judgment in favor of State Farm, and the Ninth Circuit affirmed, holding that the termination provision did not require good cause and, in fact,…