Tag Archives: Independent Contractor

Ninth Circuit to Ask California Supreme Court to Decide Retroactivity of ‘ABC’ Test, Withdraws Opinion

Whether California’s recently adopted “ABC” test, used in the employee-versus-independent contractor analysis in cases involving California’s wage orders, must be applied retroactively should be decided by the California Supreme Court, a panel of the U.S. Court of Appeals for the Ninth Circuit has decided, withdrawing its controversial May 2, 2019, opinion. Vazquez v. Jan-Pro Franchising … Continue Reading

Looking Back and Looking Forward: Retroactivity and Expansion of the California Independent Contractor Test

In April 2018, the California Supreme Court issued its ruling in Dynamex Operations West v. Superior Court (2018) 4 Cal. 5th 903, 916-17 and set forth the standards for determining independent contractor status for purposes of the California Industrial Welfare Commission Wage Orders. The Court presumed that a worker is an employee unless he or … Continue Reading

Assembly Bill Codifying Dynamex Moves Forward, with Notable Exemptions

On March 26, 2019, proposed Assembly Bill 5, which would codify the California Supreme Court’s controversial Dynamex decision, was amended to exempt certain types of licensed workers. Just as noteworthy as the types of workers identified as exempt from the standard are the types of employees who were not identified. For example, the exemption does … Continue Reading

Independent Contractor Test the Subject of Two California Assembly Bills

In 2018, the California Supreme Court issued an opinion (Dynamex Operations West, Inc. v. Superior Court of Los Angeles County) establishing a new standard (“ABC test”) for determining whether an individual is an independent contractor or employee in the context of claims brought under the State’s Industrial Welfare Commission’s wage orders. The result is a … Continue Reading

California Supreme Court Applies “ABC” Test When Assessing Independent Contractor Status

The California Supreme Court, in Dynamex Operations v. Superior Court, held that for purposes of claims under the California Wage Orders “engage, suffer or permit to work” determines employee status, thus requiring a defendant who disputes that a worker is an employee (rather than an independent contractor) to prove (A) the worker is free from … Continue Reading

Controversial Dynamex Case Regarding Misclassification of Independent Contractors to be Reviewed by California Supreme Court

Employers received a welcome development late last week when the California Supreme Court decided to review the controversial Dynamex Operations West, Inc. v. Superior Court (SC S222732/B249546 rev. granted 1/28/15) regarding misclassification of independent contractors. This case is important since it arguably created a different definition of “employee” for determining if an individual is misclassified … Continue Reading

Federal Law Does Not Preempt State Unfair Competition Claim, California High Court Rules

In a case alleging misclassification of an independent contractor in the transportation industry, the California Supreme Court has found that the California unfair competition law (Bus. & Prof. Code, § 17200 et seq.) (“UCL”) was not preempted by the Federal Aviation Administration Authorization Act of 1994 (Pub. L. No. 103-305 (Aug. 23, 1994) 108 Stat. … Continue Reading
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