Labor and Employment Law

Ca. Labor & Emp't Rev. September 2018, Volume 32, No. 5

Dynamex Operations West, Inc. v. Superior Court: Employers’ Perspective

By Maria Rodriguez

Maria C. Rodriguez, a partner at McDermott Will & Emery, advises domestic and international corporations with regard to employment law compliance in mergers and acquisitions, and defends employment cases and class action litigation. She is a trusted advisor to clients in the sports, media and entertainment, technology, food, airline, transportation, health, and fashion industries, helping them avoid or resolve disputes and protect resources through proactive and strategic planning.

Dynamex Operations West, Inc. v. Suprerior Court1 unanimously decided a narrow issue broadly by redefining the boundary between employees and independent contractors. There, the California Supreme Court not only adopted the ABC test, but the harshest version of that test from Massachusetts, in an 80-plus page opinion that lays the groundwork for strict enforcement of that test.

Attack on the Gig Economy

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