New Independent Contractor Case Reminds Us: It's All About the Facts

Independent contractor status presents many traps even for sophisticated employers.  In Arzate v. Bridge Terminal Transport, Inc., (1-31-2011) a California Court of Appeal found that a trucking company that leased trucks to drivers who were "owner operators" and that provided them health benefits couldn't be granted summary judgment on the question of independent contractor status.  The court found that material facts remain at issue. Usually, independent contractor provide their own means of performing the contracted services and their own benefits.  The case is going back to the trial court to determine whether the drivers are independent contractors or employees.