· 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 CourtListenerSourced 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.