Courts Find Couriers to be Employees, Not Independent Contractors
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Review Granted in Amalgamated Transit Union

If you just found out about us at Bridgeport Continuing Education's seminar on wage and hour litigation, welcome, and thank you for attending. I (Mike) presented an hour on Recent Developments in California Wage and Hour Litigation and distributed a set of materials that Mark and I put together last week. We hope you enjoyed the materials and presentation.

Disregard, however, the mention we made in the section on PAGA and Private Rights of Action, about Amalgamated Transit Union, Local 1756, AFL-CIO v. Superior Court (2007) 148 Cal.App.4th 39 (holding that an individual’s assignment of a cause of action to a third party does not carry with it the individual’s statutory right to sue in a representative capacity under PAGA or the Unfair Competition Law at Business and Professions Code § 17203). Today, the Supreme Court issued an order granting review of Amalgamated Transit Union, Local 1756, AFL-CIO v. Superior Court. It is no longer good law. It was perfectly good when we handed out the materials. Six hours later, not so much. Like we said, it's an area of law that is constantly changing. We previously discussed Amalgamated Transit Union at the post linked here. The underlying decision came on a 2-1 vote, as did the decision to deny rehearing. All seven justices voted in favor of granting review.

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