California, United States of America
The following excerpt is from Novak v. Jacobs Eng'g Grp., Inc., B278964 (Cal. App. 2018):
Similarly, in Ayala v. Antelope Valley Newspapers, Inc. (2014) 59 Cal.4th 522, newspaper carriers brought a class action alleging that their employers improperly classified them as independent contractors, rather than employees, and violated California's labor laws. On appeal, the issue was whether the matter could proceed as a class action. Again, the case does not stand for the proposition that the Borello factors apply in the situation where a retiree has expressly retired from employment in exchange for valuable consideration. The same analysis applies as to Bowman v. Wyatt (2010) 186 Cal.App.4th 286, which involved the question of whether a dump truck owner, under contract to deliver asphalt to the City of Los Angeles, was properly considered an employee or independent contractor for the purposes of vicarious liability. The dump truck owner did not sign an agreement expressly retiring from employment. (Id. at pp. 299-305).
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