The primary issue at trial was whether the carriers were employees or independent contractors. Code, § 17200 et seq.) by failing to pay the carriers’ mileage expenses as required by Labor Code section 2802. (hereinafter collectively referred to as the newspaper or The Bee), violated the unfair competition law (UCL) (Bus. ooOoo- INTRODUCTION This appeal arises from a class action brought by and on behalf of newspaper home delivery carriers for The Fresno Bee newspaper (hereinafter plaintiffs or the carriers).1 In the trial court, the matter proceeded to a bifurcated bench trial on the issue of whether the owner of The Fresno Bee and its holding company, respectively, The McClatchy Company and McClatchy Newspapers, Inc. Ripke Pillsbury Winthrop Shaw Pittman and Derek M. Lewis Brisbois Bisgaard & Smith, Allison Arabian and John S. APPEAL from a judgment of the Superior Court of Fresno County. THE MCCLATCHY COMPANY et al., OPINION Defendants and Respondents.

The court declined to resolve whether the carriers are employees or independent contractors, and instead remanded for the trial court to address the issue.įiled 9/30/21 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT VERONICA BECERRA et al., F074680 Plaintiffs and Appellants, (Super. There were disputed issues of fact concerning the newspaper’s right to control necessary operations, as well as secondary factors. The trial court failed to properly analyze the factors required by Borello. Whether the carriers are employees or independent contractors must be determined under the Borello test the trial court erred in deferring to the Employment Development Department regulations, which are inapplicable. Code 17200), the trial court determined the carriers were independent contractors and entered judgment in favor of The Bee. In 2004-2010, all the carriers signed a contract with The Fresno Bee to provide newspaper home delivery services, titled, “Independent Contractor Home Delivery Distribution Agreement.” In a class action alleging violation of the unfair competition law (UCL) (Bus.

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