A Utah newspaper carrier has filed notice that he is appealing a judge’s decision to dismiss his lawsuit over tips he did not get and mileage he was unable to claim.
Joseph Goeckeritz filed the suit in spring 2016 against Newspaper Agency Corp. (NAC), a part of Utah Media Group, which runs advertising, circulation, production and home newspaper delivery for The Salt Lake Tribune and Deseret News.
The suit said paper carriers supply their own vehicles, gas and rain covers for newspapers but are unable to deduct business expenses because NAC had “purposefully misclassified” them as independent contractors, rather than employees.
In addition, the suit alleged NAC improperly retained tips received when carriers were assigned to cover paper routes for other carriers.
The suit, filed in 3rd District Court, sought an unspecified amount of money in damages. Lawyers for Goeckeritz had asked that it be certified as a class action on behalf of other paper carriers also.
Judge Mark Kouris on July 7 granted a motion in favor of the defendants and dismissed the case. He ruled the carriers were properly classified as independent contractors and that the contracts signed by the carriers and NAC “clearly” did not provide for tips except on the specific routes listed.
A lawyer for Goeckeritz filed notice on Thursday that he is appealing the decision to the Utah Court of Appeals.