NARAYAN v. EGL, INC.

Full title: MOHIT NARAYAN; HANNA RAHAWI; and THOMAS HEATH, Plaintiffs-Appellants, v…

Court: United States Court of Appeals, Ninth Circuit

Date published: Aug 5, 2010

No. 07-16487 (9th Cir. Aug. 5, 2010)

Opinion

No. 07-16487.

Filed August 5, 2010.

Appeal from the Northern District of California, San Jose, D.C. No. CV-05-04181-RMW.

Before: HAWKINS and THOMAS, Circuit Judges, and KORMAN, Senior District Judge.^_

_ The Honorable Edward R. Korman, Senior United States District Judge for the Eastern District of New York, sitting by designation.

ORDER

Appellees' Petition for Panel Rehearing is granted for the limited purpose of amending the Opinion, without further oral argument.

The Opinion filed July 13, 2010, slip op. 10069, is amended as follows:

On page 10084, line 20: This is not all. is deleted.

On page 10085, second indented paragraph, first sentence: The fact that the Drivers here had contracts "expressly acknowledging that they were independent contractors" is simply not significant under California's test of employment. is replaced with That the Drivers here had contracts "expressly acknowledging that they were independent contractors" is simply not dispositive under California's test of employment..

No subsequent petitions for rehearing and rehearing en banc may be filed.