California· 2018
Dynamex Operations West, Inc. v. Superior Court
4 Cal. 5th 903 (2018) · California Supreme Court
Adopted the ABC test for determining whether workers are employees or independent contractors under California wage orders. Later codified as AB 5.
A worker is presumed to be an employee unless the hiring entity proves all three ABC prongs, including that the worker performs work outside the usual course of the hiring entity's business.
The strictest worker-classification standard in the U.S. Fundamentally reshaped gig-economy and freelance arrangements in California.
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