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Showing posts from November, 2018

New Independent Contractor Law - 2018

The California Supreme Court case of Dynamex Operations West, Inc. v. The Superior Court of Los Angeles County  tightens the law regarding who is or is not an independent contractor at a business.

The April 2018 court ruling states that workers are assumed to be employees unless all three of these factors can be proven:

(A) that the worker is free from the control and direction of the hirer in connection with the performance of the work, both under the contract for the performance of such work and in fact;

(B) that the worker performs work that is outside the usual course of the hiring entity’s business; and

(C) that the worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed for the hiring entity.

The Court stated:

"In the underlying lawsuit in this matter, two individual delivery drivers,
suing on their own behalf and on behalf of a class of allegedly similarly situated
drivers, filed a complaint agai…