Calif. Justices Mull Classification Tests In Dynamex Wage Suit

Law360 (February 6, 2018, 9:59 PM EST) -- Dynamex Inc. warned the California Supreme Court against using “rigid” tests to determine whether workers are independent contractors or employees on Tuesday during long-awaited oral arguments in a case that experts say could bring significant implications for worker classification in the gig-economy era.

The question before the court is whether a wage-and-hour class action alleging that Dynamex workers were misclassified can be certified based on the state’s Industrial Welfare Commission definition of an employee as interpreted in an appeals court ruling called Martinez v. Combs, or based on a common law test from an appeals court ruling called S.G. Borello &...

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