A Wage and Hour Defense Blog post titled “California Supreme Court Adopts “ABC Test” for Independent Contractors,” co-authored by Michael S. Kun and Kevin Sullivan, was cited in HR Dive, in “New California Independent Contractor Test Assumes Workers Are Employees,” by Kate Tornone.

Following is an excerpt:

California’s Supreme Court on April 30 adopted a test for independent contractors that generally assumes workers are employees (Dynamex Operations West, Inc. v. The Superior Court of Los Angeles County, No. S222732).

The so-called ABC test, according to the court, allows a worker to be properly classified as an independent contractor (if no state wage order applies) only if the hiring entity establishes: (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 ABC test presumptively considers all workers to be employees, the Court said, and permits workers to be classified as independent contractors only if all three prongs of the test are satisfied. …

In light of the new ruling, “entities doing business in California that treat some workers as independent contractors will want to review their relationship under the ‘ABC test’ to determine whether any or all such workers should be reclassified,” recommended Epstein Becker Green attorneys in a blog post.


Jump to Page

Privacy Preference Center

When you visit any website, it may store or retrieve information on your browser, mostly in the form of cookies. This information might be about you, your preferences or your device and is mostly used to make the site work as you expect it to. The information does not usually directly identify you, but it can give you a more personalized web experience. Because we respect your right to privacy, you can choose not to allow some types of cookies. Click on the different category headings to find out more and change our default settings. However, blocking some types of cookies may impact your experience of the site and the services we are able to offer.

Strictly Necessary Cookies

These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.

Performance Cookies

These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.