Ruiz

Ruiz v. Affinity Logistics Corp.

Good Law
667 F.3d 1318·2012 WL 388171·18 Wage & Hour Cas.2d (BNA) 1221·2012 U.S. App. LEXIS 2450
United States Court of Appeals for the Ninth CircuitFebruary 8, 201210-55581California2,310 words

Opinion

Opinion

Pregerson, J.

Fernando Ruiz (“Ruiz”) appeals the district court’s judgment, after a bench trial, in his action against Affinity Logistics Corporation (“Affinity”) for alleged violations of the Fair Labor Standards Act (“FLSA”) and California laws. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We vacate and remand.

BACKGROUND

Affinity Logistics Corporation (“Affini ty”) is a company providing home delivery and transportation logistical support services to various home furnishing retailers, including Sears. To work as a driver for Affinity, individuals had to enter into the Independent Truckman’s Agreement and Equipment Lease Agreement (collectively the “Agreements”) with Affinity.

The Agreements included clauses stating that (1) the parties were entering into an independent contractor relationship, and (2) Georgia law applied to any disputes. Specifically, the Agreements stated, among other things:

(emphasis in original). The Agreements also repeatedly referred to the individual drivers as “contractors.” Affinity hired Ruiz as a driver in 2003.

Ruiz and drivers similarly situated (collectively the “drivers”) filed a class action against Affinity alleging violations of FLSA…

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