Court Confirms Applicability of Independent Contractor 'ABC Test'

November 08, 2018 | From HRCalifornia Extra

​Using independent contractors in California has always been risky, but the stakes got even higher after a California Supreme Court decision made earlier this year (Dynamex Operations West, Inc. v. Superior Court of Los Angeles, 4 Cal. 5th 903 (2018)).

In Dynamex, the Supreme Court adopted a new three-part test — the “ABC test” — for determining whether a worker is an employee or independent contractor for purposes of California’s Wage Orders, which require overtime, meal and rest breaks, and other basic working conditions for California employees.

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