Arzate v. Bridge Terminal Transport, Inc

In Arzate v. Bridge Terminal Transport, Inc. (2011) 192 Cal.App.4th 419, Division Eight of this appellate district reversed the trial court's grant of summary judgment and found, "At its heart, this case involves competing, if not necessarily conflicting, evidence that must be weighed by a trier of fact. ." (Id. at p. 427.) The court pointed to facts that were inconsistent with independent contractor status. The plaintiffs were contractually required to work exclusively for the trucking company. (Id. at p. 422). The company issued W-2 forms to the plaintiffs, withheld taxes, and offered health plan benefits. (Id. at p. 427.) The plaintiffs were also paid on an hourly basis for time spent waiting at a customer's facility, for delay time, for driver meetings, and other specific activities. (Id. at pp. 423-424.) The plaintiffs working on certain holidays were also paid "'one and one-half times the regular rate of pay.'" (Id. at p. 424.) Most importantly, the defendant could terminate the plaintiffs with 24 hours' notice. (Id. at p. 423.) The Arzate court reasoned that these factors were sufficient to overcome the claim that independent contractor status was established as a matter of law. (Id. at p. 427.) The plaintiffs in Arzate exhibited classic evidence of both an independent contractor and employee, which evidence must be weighed by a trier of fact.