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ARTICLE · 06 AUGUST 2019

California ABC Test

On April 30, 2018, the California Supreme Court issued its landmark decision in Dynamex Operations West, Inc. v. Superior Court of Los Angeles in which it considered whether a worker

United StatesEmployment and HR

On April 30, 2018, the California Supreme Court issued its landmark decision in Dynamex Operations West, Inc. v. Superior Court of Los Angeles in which it considered whether a worker asserting California Wage Order claims was properly classified as an independent contractor rather than as an employee.

Dynamex is a nationwide same-day courier and delivery service. Before 2004, Dynamex classified its California drivers as employees and compensated them pursuant to the state's wage and hour laws. In 2004, Dynamex reclassified all of its California drivers to independent contractors.

In the absence of any special arrangements between Dynamex and its customers, and provided that they completed their deliveries on the day of the assignment, Dynamex drivers were free to set their own schedules and were free to choose the sequence in which they made all their deliveries and the routes they would take. When making deliveries, Dynamex drivers were generally expected to

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