California Employment Law Update

Tag Archives: independent contractor

Package Delivery Drivers Were Employees, Not Independent Contractors

Air Couriers Int’l v. Employment Dev. Dep’t, 150 Cal. App. 4th 923 (2007) Sonic Couriers of Arizona (Air Couriers’ predecessor) filed a complaint for refund against the Employment Development Department (EDD) to recover employment taxes it paid for its drivers, which Sonic contended were independent contractors and not employees. Among other things, the EDD established … Continue Reading

State Farm Breached Independent Contractor Agreement By Imposing Trade Secret And Non-Solicitation Restrictions

Patricia Adkins Ins. Agency, Inc. v. State Farm Mut. Auto. Ins. Co., 146 Cal. App. 4th 526 (2007) The Court of Appeal granted declaratory and injunctive relief to independent contractor agents of State Farm who challenged certain trade secret and non-solicitation restrictions that State Farm sought to impose upon the agents’ employees. The agents challenged … Continue Reading

Temporary Insurance Adjusters Are Not Permitted To Proceed With FLSA Class Action

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 … Continue Reading

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