Developments of Interest

New Cases of Interest - December 11, 2018

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Garcia v. Border Transportation Group, LLC (2018) 28 Cal.App.5th 558.  This was a case in which the trial court found that a driver for a taxi cab company was not an employee but an independent contractor.  The Court of Appeal found that the employer had failed to demonstrate that the driver was customarily engaged in independently established trade or occupation of business apart from the work for the employer.  It was not sufficient to show that he was merely capable of such an engagement.  The driver’s permit could only be used when he was employed by a specified company, and if he were to switch companies, he would need to get a new permit.  Also there was no evidence that the driver provided services for other entities independent of his relationship with the company.

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