Employer Options For White Collar Contractors After Dynamex

Law360 (June 17, 2019, 1:38 PM EDT) -- Confusion and concern continue to ripple in Dynamex’s wake. For almost 30 years, employee misclassification claims were governed by a multifactor, totality-of-the-circumstances test set forth in S.G. Borello & Sons, Inc. v. Department of Industrial Relations.[1] Then, just over a year ago, with it's decision in Dynamex Operations West v. Superior Court of Los Angeles County, the California Supreme Court replaced that standard for all wage-order claims with the so-called ABC test.[2]

Now any misclassification claim alleging a putative employer violated California’s wage orders requires “the hiring entity to establish that the worker is an independent contractor” by proving “each of the...

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