Labor/Employment,
California Courts of Appeal
Oct. 24, 2018
Appellate court ruling sides with worker who accuses employer of misclassification
The 4th District panel wrote that the defendant company failed the third prong in the “ABC” test laid down in Dynamex Operations West, Inc. v. Superior Court of Los Angeles County.
Justice William Dato of the 4th District Court of Appeal wrote an opinion undoing its previous decision on when workers are classified as employees or contractors.
An appellate court has undone a summary judgment in favor of a taxi company accused of misclassifying a driver, citing a landmark state Supreme Court decision that established an employee-presumptive test.
In the decision overturning the summary judgment, the 4th District Court of Appeal panel wrote that the defendant company failed the third prong in the "ABC" test laid down in $95
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