ESTRADA v. FEDEX GROUND PACKAGE SYSTEM Part II
Substantial evidence supported trial court's finding that, for purposes of determining commercial drivers' right to reimbursement for their expenses, the drivers were employees within the meaning of Labor Code Sec. 2802 where employer controlled virtually every aspect of their performance, requiring them to wear uniforms and use specific scanners and forms, all obtained from employer and marked with employer's logo; to use trucks and scanners obtained from employer approved providers, usually financed through employer and repaid through deductions from the drivers' weekly checks; and to work full time with regular schedules, and regular routes were subject to being reconfigured by employer without regard to the drivers' resulting loss of income. Attorney fee award under private attorney general statute was excessive where trial court used same facts to determine that statute applied and that multiplier was appropriate, and also failed to take into consideration plaintiff's lack of success on some claims. Employer may require truck driver to provide his or her own truck regardless of whether driver is an employee or independent contractor.
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