One Year In: Grappling with Dynamex's Requirement That Independent Contractors "Perform Work Outside the Usual Course of the Hiring Entity's Business" Understanding Part B of the "ABC Test"

CA's "ABC" test turns one year old on April 30, 2019. Last year in Dynamex Operations West, Inc. v. Superior Court, the CA Supreme Court adopted the test as the governing standard for deciding if a worker is an employee or independent contractor for claims under CA's Wage Orders.
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CA's "ABC" test turns one year old on April 30, 2019. Last year in Dynamex Operations West, Inc. v. Superior Court, the CA Supreme Court adopted the test as the governing standard for deciding if a worker is an employee or independent contractor for claims under CA's Wage Orders.

Raymond W. Bertrand, is a partner in the Paul Hastings Employment Law practice whose practice focuses on leading large and complex litigation matters in state and federal courts, in cases involving all aspects of employment law, including wage-hour, wrongful termination, breach of contract, trade secrets, discrimination, harassment and retaliation. Mr. Bertrand can be reached at raymondbertrand@paulhastings.com.

Brit K. Seifert, is an attorney in the Paul Hastings Employment Law practice who counsels and represents employers in connection with day-to-day workforce talent management issues, including the onboarding process, disciplinary issues and terminations, and compliance with federal, state and local employment laws. Ms. Seifert can be reached at britseifert@paulhastings.com.

James de Haan, is an associate in Paul Hastings' San Diego office, where his practice focuses on all aspects of employment and labor law. Mr. de Haan attended the University of San Diego School of Law, graduating Magna Cum Laude, and has published on labor matters. He has represented individuals and companies in state and federal proceedings involving wage order violations, collective bargaining, employee misclassification, discrimination, harassment, and trade secret theft. Mr. de Haan can be reached at jamesdehaan@paulhastings.com.

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