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Civil Litigation,
Labor/Employment,
California Supreme Court,
9th U.S. Circuit Court of Appeals

Jun. 19, 2019

Bill to codify Dynamex, like the court ruling itself, is an overreach

Assembly Bill 5 at the end of last year, which would codify the Supreme Court’s ABC test and apply in contexts beyond just claims for violation of the IWC Wage Orders to which Dynamex was limited.

Michael H. Leb

Neutral
Leb Dispute Resolutions

Labor & Employment

Phone: (310) 284-8224

Fax: (310) 284-8229

Email: michael@lebdr.com

U Michigan Law School

THE NEUTRAL CORNER is a monthly column discussing recent cases or topics of interest from a neutral's perspective.

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Bill to codify Dynamex, like the court ruling itself, is an overreach
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THE NEUTRAL CORNER

Last year, the California Supreme Court's opinion in Dynamex Operations West, Inc. v. Superior Court established a new three-pronged test, simply dubbed the "ABC test," to determine whether a worker qualifies as an employee or an independent contractor. Of course, these labels matter because employees are eli...

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