California Court of Appeal Decision Limits Dynamex ABC Test to Wage Order Claims
Select subscription type
Terms & conditions
Subscribers receive the product(s) listed on the Order Form and any Updates made available during the annual subscription period. Shipping and handling fees are not included in the annual price.
Subscribers are advised of the number of Updates that were made to the particular publication the prior year. The number of Updates may vary due to developments in the law and other publishing issues, but subscribers may use this as a rough estimate of future shipments. Subscribers may call Customer Support at 800-833-9844 for additional information.
Subscribers may cancel this subscription by: calling Customer Support at 800-833-9844; emailing email@example.com; or returning the invoice marked 'CANCEL'.
If subscribers cancel within 30 days after the product is ordered or received and return the product at their expense, then they will receive a full credit of the price for the annual subscription.
If subscribers cancel between 31 and 60 days after the invoice date and return the product at their expense, then they will receive a 5/6th credit of the price for the annual subscription. No credit will be given for cancellations more than 60 days after the invoice date. To receive any credit, subscriber must return all product(s) shipped during the year at their expense within the applicable cancellation period listed above.
On October 22, 2018, the California Court of Appeal held that the so-called "ABC" test recently announced by the California Supreme Court for determining whether workers are employees or independent contractors is properly limited to claims arising under California's wage orders, and that other misclassification claims continue to be governed by the longstanding Borello test.
Aaron Buckley is a partner at Paul, Plevin, Sullivan & Connaughton LLP in San Diego. He represents employers in cases involving wage and hour, discrimination, wrongful termination and other issues. Mr. Buckley is a member of the Wage & Hour Defense Institute, a defense-side wage and hour litigation group consisting of wage and hour litigators throughout the United States.
Ask the LexisNexis experts - and get a complete answer based on today's law.
An authoritative analysis of important cases, codes, statutes, rulings, emerging issues or legal topics is available now - through LexisNexis Emerging Issues Analysis. The brain trust of LexisNexis authors - thousands of recognized authorities who develop the respected Matthew Bender®, Mealey's and Martindale-Hubbell® treatises and articles - produce this highly specific content. Each commentary covers an important case, code, statute, ruling or emerging issue such as subprime, nanotechnology, or climate change. More current and concentrated than treatises and more analytical than news,
Emerging Issues Analysis bridges the information gap between the two, providing quick expert analysis of current developments in law. Emerging Issues Analysis PDFs should be purchased individually or accessed through Lexis.com if you have a subscription.
Table of contents
WAGE & HOUR ADVISOR: Split of Authority in California Court of Appeal on Whether PAGA Claims for Unpaid Wages Can Be Ordered to Arbitration$70.00
The California Supreme Court's Dynamex Decision Installs a New "ABC" Test for Determining if a Worker Can Qualify as an Independent Contractor for Purposes of IWC Wage Orders$70.00
California Supreme Court Holds Federal De Minimis Rule Not a Defense to State Wage Claims$70.00