California Court of Appeal Decision Limits Dynamex ABC Test to Wage Order Claims

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.
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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.

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