Workers’ Compensation

Ca. Workers' Comp. Quarterly 2019, Vol. 32, No. 1

Why the Dynamex Decision Is Important for Injured Workers Regardless of Whether the "ABC" Test Applies to Workers’ Compensation

Aaron Kaufmann, Esq.

Giselle Olmedo, Esq.

Oakland, California

Employers have long misclassified workers as independent contractors to shirk a myriad of employer responsibilities for workplace protections. A hiring entity that can show a worker does not fall within the statutory definitions of employee can avoid complying with wage and hour laws (overtime, meal and rest period, and minimum wage, among others), pass on to the worker ordinary business expenses, and, perhaps worst of all, skip providing workers’ compensation insurance. This problem has received increasing attention in the last several years, as high-profile companies like Uber, GrubHub, Amazon, and FedEx have relied on the independent contractor model to provide services to its customers.

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