Becerra

INTRODUCTION

This appeal arises from a class action brought by and on behalf of newspaper home delivery carriers for The Fresno Bee newspaper (hereinafter plaintiffs or the carriers).1 In the trial court, the matter proceeded to a bifurcated bench trial on the issue of whether the owner of The Fresno Bee and its holding company, respectively, The McClatchy Company and McClatchy Newspapers, Inc. (hereinafter collectively referred to as the newspaper or The Bee), violated the unfair competition law (UCL) (Bus. & Prof. Code, § 17200 et seq.) by failing to pay the carriers’ mileage expenses as required by Labor Code section 2802. The primary issue at trial was whether the carriers were employees or independent contractors. The trial court determined the carriers were independent contractors and, as a result, entered judgment in favor of The Bee. On appeal, the carriers contend (1) the trial court misallocated the burden of proof; (2) the trial court erred in relying on a regulation promulgated by the Employment Development Department (EDD), which the carriers contend is irrelevant; (3) the trial court erred in its application of the relevant test, as set out in S. G. Borello & Sons,…