Feature

Employee or Independent Contractor? It Depends on Why You’re Asking

By Azita Iskandar

©2019. Published in Landslide, Vol. 11, No. 5, May/June 2019, by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder.

In April 2018, the California Supreme Court issued its decision in Dynamex Operations West, Inc. v. Superior Court of Los Angeles,1 a closely watched case that looked at whether drivers working for a delivery company should be categorized as independent contractors or employees under the California wage orders. The decision established a standard whereby all workers in California are presumed to be employees for purposes of the California wage orders.2 If a hiring party wishes to categorize a worker as an independent contractor, the burden is on that hiring party to show that such a classification is proper under the newly adopted “ABC test.”

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