California High Court Affirms Class Certification Of Drivers In Wage Dispute

Mealey's (May 1, 2018, 12:42 PM EDT) -- SAN FRANCISCO — A trial court did not abuse its discretion in certifying a class of delivery drivers who allege that they were improperly classified as independent contractors and that the delivery company engaged in unfair and unlawful business practices under California’s unfair competition law (UCL), the California Supreme Court ruled April 30, holding that the “suffer or permit to work” definition of “employ” contained in Industrial Welfare Commission wage order No. 9 may be relied upon when determining whether a worker is an employee or independent contractor (Dynamex Operations West, Inc. v. The Superior Court of Los Angeles County, et al., No. S222732, Calif. Sup., 2018 Cal. LEXIS 3152)....