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

The California Supreme Court issued its much-anticipated ruling in Dynamex Operations West, Inc. v. Superior Court, on April 30, 2018. In a well-organized, 82-page opinion, the unanimous Dynamex Court discarded CA's decades-old test for determining if a worker is an employee or an independent contractor for claims asserted under CA's Industrial Welfare Commission (IWC) Wage Orders. In its place, the court installed the so-called "ABC" test.
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The California Supreme Court issued its much-anticipated ruling in Dynamex Operations West, Inc. v. Superior Court, on April 30, 2018. In a well-organized, 82-page opinion, the unanimous Dynamex Court discarded CA's decades-old test for determining if a worker is an employee or an independent contractor for claims asserted under CA's Industrial Welfare Commission (IWC) Wage Orders. In its place, the court installed the so-called "ABC" test.

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.

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