Braun

MEMORANDUM **

1. The district court did not err in granting defendant San Mateo County’s motion for summary judgment on the ground that the Emergency Medical Services (EMS) director is not a salaried employee, but an independent contractor. Not only was the job advertised as such, but past and current directors also submitted affidavits confirming that the director is invariably retained as an independent contractor who enjoys substantial independence and control over his work, and who is not even part of the administrative organization of the EMS agency. There are no set hours or place of employment. No employment benefits are provided. The director does not receive a fixed salary but submits invoices for work rendered, which consists of highly skilled professional services requiring a medical degree and long experience in emergency medicine. See Lutcher v. Musicians Union Local 17, 633 F.2d 880 , 883 & n. 5 (9th Cir.1980); S.G. Borello & Sons, Inc. v. Dep’t of Indus. Relations, 48 Cal.3d 341, 349-55 , 256 Cal. Rptr. 543 , 769 P.2d 399 (1989).

Braun’s general assertion that the director is an “integral part” of the system and her argument about how other counties fit EMS…