Fernando Ruiz v. Affinity Logistics Corporation

This is the second time this case is before us. Plaintiff-Appellant Ruiz and putative class members (collectively, “drivers”) are California residents who worked for Defendant-Appellee Affinity Logistics (“Affinity”), a Georgia corporation. Drivers allege that Affinity wrongfully classified them as independent contractors; failed to pay them sick leave, vacation, holiday, and severance wages; and improperly charged them workers’ compensation insurance fees. The outcome of these state law causes of action depends on whether the drivers were employees or independent contractors of Affinity.

This case first came before us after the district court, following a three-day bench trial in December 2009, held that the driv ers were independent contractors under Georgia law. Ruiz appealed. On February 8, 2012, in Ruiz v. Affinity Logistics Corporation (“Affinity I ”), 667 F.3d 1318, 1325 (9th Cir.2012), we concluded that California law, not Georgia law, applies to the independent contractor versus employee question in this case, and remanded the matter to the district court. On remand, the parties agreed that no further evidence was necessary. The district court ordered the…