Measuring Control And Direction Under Dynamex 'ABC' Test

Law360 (May 30, 2018, 1:13 PM EDT) -- The recent ruling by the California Supreme Court in Dynamex Operations West Inc. v. Superior Court of Los Angeles County has brought California in line with other states who rely on a so-called ABC test to determine whether a worker is an employee or independent contractor. The assumption underlying this test is that all workers are considered employees, unless all three of the following factors are met: (A) the worker is free from the control and direction of the hirer in connection with the performance of the work, both under the contract for the performance of such work and in fact; (B)...

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