Garcia v. Seacon LogixAnnotate this Case
Plaintiffs, truck drivers for Seacon, filed suit under Labor Code section 2802 for the reimbursement of paycheck deductions, contending that they should have been classified as employees, not independent contractors. The trial court entered judgment in favor of plaintiffs and awarded damages for specified paycheck deductions. The court concluded that substantial evidence proves that Seacon effectively controlled the manner and means of respondents’ work. Further, substantial evidence proves that the balance of the secondary factors, like the primary factor of control, supports the finding that plaintiffs were employees, not independent contractors. The court also concluded that Seacon forfeited its challenge to the damages award by failing to raise the issue in the trial court and by failing in its appellate briefing to provide the court with any citation to legal authority that supports its position.