Linton v. DeSoto Cab Company

Plaintiff Darnice Linton appeals from a judgment in favor of defendant DeSoto Cab Company.  Defendant initiated the trial court proceeding after the Labor Commissioner found in favor of plaintiff on his claim for unpaid wages.  Plaintiff had alleged defendant violated certain wage and hour laws by requiring him to pay a set fee (known as a “gate fee”) in exchange for obtaining a taxicab to drive for each of his shifts.  After a bench trial, the court concluded plaintiff was not entitled to recover the gate fees because he was an independent contractor and not an employee of defendant.  In so ruling, the court determined that several relevant cases, including the Supreme Court’s seminal case S.G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341 (Borello), are not controlling under the circumstances at issue here.  We conclude the court erred in its legal analysis.  The judgment is therefore reversed.  Our conclusion renders moot defendant’s appeal of the court’s order denying its claim for costs.

 For more information visit us at:
http://beverlyhillsemploymentlaw.com/