Arzate

SUMMARY

Plaintiffs Adolfo Arzate and Juan Ortiz, members of the International Brotherhood of Teamsters (Teamsters Union) who own their own trucks, brought this wage and hour class action on behalf of tmck drivers who were paid by defendant Bridge Terminal Transport, Inc., to transport cargo between ports and the facilities of defendant’s customers. Plaintiffs alleged they were defendant’s employees, and asserted causes of action under the Labor Code for failure to pay minimum wages, failure to pay all wages due upon discharge, and failure to provide itemized wage statements, along with a cause of action for unfair business practices.

Defendant moved for summary judgment on the ground that plaintiffs were independent contractors, not employees. The trial court granted defendant’s motion and entered judgment for defendant. We reverse the judgment.

*422 FACTS

The time period for this putative class action is November 2003 to December 2007. The evidence presented in support of and opposition to defendant’s summary judgment motion established the following undisputed facts.

Defendant is in the business of arranging for the transportation of its customers’ cargo between…