Appelate Court approves Class Certification in Independent Contractor Classification Case

October 18, 2012

Appellate Court Approves Class Certification in Independent Contractor Classification Case

 Ayala v. Antelope Valley Newspapers, Inc. - filed September 19, 2012, publication ordered October 17, 2012, Second District, Div. Four. Cite as B235484 
  
Trial court’s finding that there were numerous variations in how members of proposed class of newspaper carriers performed their jobs did not preclude certification of the class in action by carriers who alleged they were misclassified as independent contractors. Because all of the carriers performed the same job under virtually identical contracts, those variations simply constituted common evidence that tends to show defendant employer’s lack of control over certain aspects of the carriers’ work. Where variations in how jobs were performed did not preclude class certification--and almost all secondary factors could also be established for the most part through common proof, since almost all of those factors related to the type of work involved, which was common to the class--trial court erred in finding that the independent contractor-employee issue was not amenable to class treatment. Trial court finding that plaintiffs’ claims of overtime and meal/rest period violations were not amenable to class treatment because of wide variation in the amount of time each carrier spent performing the required work and because of their varied use of helpers or substitutes was not error.

http://beverlyhillsemploymentlaw.com/