Dynamex Retroactive Application Punted to California’s High Court

Posted in: Employment Law by Dowling Aaron on

The California Supreme Court last year adopted a new test, called the ABC Test, for use in cases involving the question of when is a worker an employee versus an independent contractor under IWC Wage orders. That case, Dynamex Operations West Inc. v. The Superior Court of Los Angeles County, (“Dynamex”) was a class action which involved delivery drivers suing their employer for misclassifying them as independent contractors rather than employees. The ABC test, intended to simplify the legal analysis on these types of cases, was a win for plaintiffs and made it more likely that a worker would be found an employee than before. You can read our previously posted E-Blast about the Dynamex decision here.

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Source: The Saqui Law Group

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