News & Analysis as of

Misclassification CA Supreme Court Wage Orders

Snell & Wilmer

California Supreme Court Rules That Dynamex ABC Test Applies Retroactively

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On January 14, 2021, the California Supreme Court ruled in Vazquez et al. v. Jan-Pro Franchising International, Case no. S258191, that the Dynamex ABC Test, which makes it harder for companies to classify workers as...more

Allen Matkins

Has California Made Directors Employees?

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On September 18, 2019, California Governor Gavin Newsom signed AB 5 into law effective January 1, 2020.  This legislation is intended to make it more likely that a worker will be classified as an employee. It effects this...more

Blank Rome LLP

California Passes AB 5: The Lawful Use of Independent Contractors in California is Drastically Limited

Blank Rome LLP on

Just last year, the California Supreme Court in Dynamex Operations West v. Superior Court (2018) 4 Cal. 5th 903 (“Dynamex”) abruptly replaced the longstanding test in California for determining whether a worker is an...more

Stoel Rives - World of Employment

California Codifies Dynamex – Now What?

On September 18, 2019, California Governor Gavin Newsom signed Assembly Bill (“AB”) 5, thereby codifying the California Supreme Court’s landmark decision in Dynamex Operations West, Inc. v. Lee. This represents the...more

Mintz - Employment Viewpoints

California Law Impacts All Categories of Independent Contractors – Not Just Gig Workers – What Your Business Needs to Do Now

The California legislature has now passed AB 5 and, if Governor Gavin Newsom signs the bill into law as expected, California will effectively ban nearly all categories of independent contractors – not just gig economy...more

Proskauer - Employee Benefits & Executive...

[Podcast]: Worker Classification after Dynamex, Not as Simple as ABC

In its 2018 decision in Dynamex Operations West v. Superior Court of Los Angeles County, the California Supreme Court upended decades of precedent by setting out a new, stringent, three-factor test to determine proper worker...more

Fisher Phillips

Flurry Of Recent Developments On The Dynamex Front

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It’s been tough to keep up with developments concerning the fallout from the Dynamex case and California’s new ABC test for determining employee/independent contractor status. The past few months have seen several recent...more

Alston & Bird

Vazquez v. Jan-Pro: A Clean Sweep for Employees?

Alston & Bird on

In the California judiciary, the present affects the past. Our Labor & Employment Group discusses why the Ninth Circuit held that the California Supreme Court’s Dynamex ruling applies retroactively....more

Seyfarth Shaw LLP

ABC Test Applies To Labor Code Claims Related to California Wage Orders

Seyfarth Shaw LLP on

Seyfarth Synopsis: On May 3, 2019, the California Department of Industrial Relations, Division of Labor Standards Enforcement (“DLSE”) issued an opinion letter regarding the applicability of the ABC test set forth in Dynamex...more

Jackson Lewis P.C.

California’s “ABC” Test For Independent Contractor Analysis To Be Applied Retroactively

Jackson Lewis P.C. on

California employers were dealt another setback in the responding to claims of misclassification of independent contractor status for violations of the Industrial Welfare Commission Wage Order (“IWC Wage Orders”). Noting...more

Jackson Lewis P.C.

Assembly Bill Codifying Dynamex Moves Forward, With Notable Exemptions

Jackson Lewis P.C. on

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...more

Vedder Price

Harrison M. Thorne Publishes "Retroactive Application of Dynamex," in The Los Angeles Lawyer, March 2019, Volume 42, No. 1

Vedder Price on

FOR NEARLY 30 YEARS, California businesses have used the Borello test (so named after S.G. Borello & Sons, Inc. v. Department of Industrial Relations) to determine whether workers should be classified as employees or...more

Payne & Fears

Key California Employment Law Cases: October 2018

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This month’s key employment law cases address the test for independent contractor status, the legality of an incentive compensation system, and personal liability for wage and hour violations....more

Fisher Phillips

The Ghost of Borello Returns This Halloween! Court Holds Dynamex ABC Test Applies Only to Wage Order Claims

Fisher Phillips on

As we have covered extensively, the California Supreme Court dropped a proverbial bomb earlier this year in the Dynamex case when it adopted a new legal standard known as the “ABC Test,” making it much more difficult for...more

Holland & Hart - Employers' Lawyers

California Supreme Court Changes Test for Independent Contractor Status

For purposes of compliance with California wage orders, a company seeking to establish that a worker is an independent contractor rather than an employee now must meet a three-part test, according to a recent opinion by...more

McDermott Will & Emery

Dynamex: Stricter Definition of Independent Contractors Brings New Challenges for California Employers

McDermott Will & Emery on

Ron Holland, Ellen Bronchetti and Kevin Connelly presented on challenges California employers face in light of a stricter definition for independent contractors. They discuss the Dynamex presumption which places the burden on...more

Fisher Phillips

Web Exclusive - April 2018: The Top 19 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes all through 2017. And if the first four months...more

Alston & Bird

The New ABCs of Misclassification in California

Alston & Bird on

What standard applies when determining if an individual should be classified as an independent contractor or an employee under California wage and hour law? Our Labor & Employment Group breaks down the California Supreme...more

Locke Lord LLP

Questions Left Open by Dymamex, And What Companies Can Do To Enhance Their IC Compliance

Locke Lord LLP on

When the California Supreme Court issued its groundbreaking decision in the Dynamex case on April 30, announcing a new test to be used in determining independent contractor status under certain California laws, it left open a...more

Proskauer - Law and the Workplace

California Changes Rules on Independent Contractors

As reported by my colleagues in Proskauer’s California Employment Law Update, the Supreme Court of California established new rules on April 30, 2018 for determining whether a worker is an independent contractor or an...more

Orrick - Employment Law and Litigation

Easy—Or Challenging—as ABC? California Supreme Court Rewrites Independent Contractor Test for Wage Order Claims

On April 30, 2018, the California Supreme Court issued its long-awaited decision in Dynamex Operations West, Inc. v. Superior Court of Los Angeles. ...more

Fenwick & West LLP

California Supreme Court Dramatically Reshapes California Worker Classification Laws

Fenwick & West LLP on

The California Supreme Court issued a landmark decision in Dynamex Operations West v. Superior Court of Los Angeles, imposing a simplified but more burdensome test that businesses must satisfy to justify contractor status,...more

Jackson Lewis P.C.

California Supreme Court Broadens Definition Of Employee In Independent Contractor Analysis

Jackson Lewis P.C. on

Diverging from decades-old precedent, the California Supreme Court has broadened the definition of “employee” in the context of the State’s Industrial Work Commission (IWC) wage orders when undertaking the...more

Farella Braun + Martel LLP

California Supreme Court Adopts New Independent Contractor Classification Test for Purposes of Wage Orders

The California Supreme Court established a new three-part test to determine whether a purported independent contractor should be classified as an employee covered by California’s Wage Orders. Dynamex Operations West, Inc. v....more

Akin Gump Strauss Hauer & Feld LLP

California Adopts New Test for Independent-Contractor Status

• In Dynamex Operations West, Inc. v. Superior Court, the California Supreme Court adopted a new standard for determining whether workers should be classified as employees or as independent contractors for purposes of the...more

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