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"
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 firstname.lastname@example.org; 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.
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 email@example.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 firstname.lastname@example.org.
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 email@example.com.
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
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
Tale as Old as Time: The Gender Pay Gap Persists But Faces New Legislative Efforts in the Wake of the #MeToo Movement$70.00
Stability in Bargaining and Employee Free Choice: A Balancing of Policies that Divides the Board in Johnson Controls, Inc.$70.00