Transportation 39

Class action certification was denied when a group of newspaper delivery drivers working for Publishers Circulation Fulfillment, Inc. could not convince the Southern District of New York to grant certification in their claim of misclassification as independent contractors.  The drivers signed independent contractor agreements, but they claimed that they were truly employees because of Publishers' reserved right of control.  In the court's denial, the judge pointed at a lack of showing of actual control and a need for individualized assessments rather than common proof.