New Employment Case, September 2021
Here is a free sample of a new case summary that is in the current issue of California Case Summaries Monthly™, with summaries of every new civil and family law case published in September 2021.
California Courts of Appeal
Employment
Becerra v. The McClatchy Co. (2021) _ Cal.App.5th _ , 2021 WL 4472625: The Court of Appeal reversed the judgment for defendants, following a bench trial, in a class action by newspaper home delivery carriers for The Fresno Bee newspaper who alleged that defendants violated the unfair competition law (UCL; Business & Professions Code, 17200 et seq.) by failing to pay the carriers' mileage expenses as required by Labor Code section 2802. The primary issue at trial was whether the carriers were employees or independent contractors and the trial court concluded they were independent contractors. The Court of Appeal reversed, ruling that the issue of whether the carriers are employees or independent contractors had to be determined under the S. G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341, (Borello) test. The trial court erred in deferring to the Employment Development Department regulations that the Court of Appeal found were inapplicable, and the trial court also failed to properly analyze the factors required by Borello. (C.A. 5th, September 30, 2021.)
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California Case Summaries Monthly™: short summaries (one paragraph), organized by legal topic, of every new civil and family law case published each month by California courts for $50 per attorney per month. To subscribe, click here.
California Case Summaries Quarterly™: short, organized summaries of every new civil and family law case published each quarter, with the official case citations, for $200 per attorney per quarter. To subscribe, click here.
California Case Summaries Annual™: short, organized summaries of every new civil and family law case published each year for $900 per attorney per year. To subscribe, click here.
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Monty A. McIntyre, Esq.
CA Civil Trial Attorney Since 1980
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Publisher, California Case Summaries™