Beware the New Test: The ABCs of Independent Contractors
By: Roger M. Mason, Esq., William M. Kaufman, Esq., and Rachael E. Brown, Esq.
On Monday, April 30, 2018, the California Supreme Court issued a seminal decision in Dynamex Operations West, Inc. v. Superior Court adopting a new legal standard for determining whether a worker is an employee or an independent contractor. In addition to changing the definition of who is considered an employee, this decision clearly imposes an affirmative burden on the hiring entity to prove that independent contractors are properly classified as such.