Defenses For Using Contractors In A Post-Dynamex World

Law360 (May 15, 2018, 12:30 PM EDT) -- It has been just over two weeks since the California Supreme Court modified the test that governs independent contractor status under the state’s wage orders. Most of the commentary on the court’s opinion (captioned Dynamex Operations West v. Superior Court) has focused on the new test’s rigidity and breadth. Commentators have placed special emphasis on perceived challenges that the test will present to companies defending independent contractor business models in California. And the plaintiffs’ bar has already seized on the new test, with lawsuits against Lyft and Postmates Inc. among the first of what will undoubtedly be many claims under the...

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