Pepperidge Farm Drivers in Pennsylvania Deemed Contractors

From Bloomberg Law News, Allie Reed reports that the Third Circuit Court of Appeals said that Pepperidge Farm delivery drivers were independent contractors. Allie writes:

Pepperidge Farm delivery drivers in Pennsylvania are independent contractors under the state’s wage law, not employees, the Third Circuit ruled Friday.

The most important of the ten factors Pennsylvania courts assess when deciding a worker’s status under the state’s Wage Payment and Collection Law is whether a worker has a right to control the way in which they do their work.

“In this case, the right-to-control factor favors independent-contractor status,” the US Court of Appeals for the Third Circuit wrote in an unpublished, non-binding opinion.

“Pepperidge Farm has little ability to control the time, place, and manner” in which drivers deliver the company’s products, the opinion said. Instead, drivers have autonomy to “choose their distribution routes by buying and selling them, organize their distribution businesses as they like, hire employees to do their work for them, set their own hours, and make deliveries when and how they see fit,” the opinion said.

Read the full story Pepperidge Farm Drivers in Pennsylvania Deemed Contractors

See also Pepperidge Farm Drivers Not Employees, 3rd Circ. Affirms – Law360 Employment Authority and 3rd Circuit rules Pepperidge Farm drivers are not employees

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