Court Finds Sacramento Bee Misclassified Employees as Independent Contractors

newspaper delivery boy

From — “The Superior Court for the County of Sacramento held that the Sacramento Bee owned by the McClatchy Company misclassified its newspaper carriers as independent contractors when in fact they were employees.  This decision arose in a class action entitled Sawin v. The McClatchy Company, Case Number 34-2009-00033950.  This decision issued on September 22, 2014 followed a trial that commenced on February 3, 2014 before the Honorable Gerrit W. Wood in Department 36 of the Sacramento Superior Court.  The Court rendered its comprehensive ruling after hearing live testimony and reviewing documentary evidence and arguments of counsel.

The Court found that under the recent Ayala California Supreme Court decision (Ayala v. Antelope Valley Newspapers, Inc. (2014) 59 Cal.4th 522 The McClatchy Company dba The Sacramento Bee had “the right to control” the manner and means of the carriers’ performance of their duties, therefore the carriers were clearly employees as a matter of law…..”

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