Drivers Tell Vocal 9th Circ. That Affinity Dodged OT

Law360, Los Angeles (December 8, 2011, 9:12 PM EST) -- An attorney for a class of 250 California retail-store delivery drivers told a strikingly receptive Ninth Circuit panel Thursday that a district court had erred when it found they were independent contractors for Affinity Logistics Corp. instead of employees entitled to overtime and other benefits.

The appellate panel voiced approval for the arguments by plaintiffs’ attorney Daniel Osborn that Georgia-based Affinity required drivers to set up their own businesses in order to give the appearance of an independent contractor relationship, when the company actually exercised the...
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