Court curtails misclassified political campaign signature gatherers' class action

A business that misclassified its workers as independent contractors dodged classwide liability for most, but not all, of the wage and hour claims asserted against it. With the exception of the claim for failure to provide itemized wage statements, the business successfully argued the court would have to engage in an individualized analysis of each class member's circumstances to determine whether liability could attach. Such an individualized analysis is inconsistent with class action treatment.

‘Everybody’s got a different story'

The La Jolla Group acts as a "broker or intermediary" between organizations seeking signatures for ballot initiatives and the signature gatherers themselves. The group's clients generate blank signature sheets and other materials, which the group provides to the signature gatherers. La Jolla pays signature gatherers per signature, although the amount varies from campaign to campaign. It requires signature gatherers to sign independent contractor agreements.