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· 4/12/2007

Air Couriers International v. Employment Development Department

Citations

  • 59 Cal. Rptr. 3d 37
  • 150 Cal. App. 4th 923
  • 2007 Cal. Daily Op. Serv. 5325
  • 2007 Cal. App. LEXIS 738

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that, where many drivers had worked for “years,” these “lengthy tenures” were “inconsistent with independent contractor status”
  • noting that “the drivers were not engaged in a separate profession or operating an independent business”
  • explaining that “the fact that a certain amount of freedom is allowed or is inherent in the nature of the work involved” does not preclude a finding of employment status
  • upholding trial court’s finding that there was “no inconsistency between employee status and the driver’s discretion on when to take breaks or vacation”
  • affirming trial court’s finding that delivery drivers were employees as a matter of law
  • that an employer has the right to control is not barred by a showing that workers have latitude in how the work is performed

Source: CourtListener parenthetical corpus (CC0).

Judges: Raye

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.