Workers’ Compensation

Ca. Workers' Comp. Quarterly 2019, Vol. 32, No. 3

Dynamex Codified: What It Means for the Future of Workers’ Compensation

Jason Marcus, Esq. Sacramento, California

On September 18, 2019, Governor Gavin Newsom signed Assembly Bill 5 (Gonzalez), codifying the California Supreme Court’s 2018 decision in Dynamex Operations West, Inc. v. Superior Court of Los Angeles (2018) 4 Cal.5th 903 and the "ABC" test the Court used to determine whether the workers in Dynamex were properly classified as employees or independent contractors. AB 5 makes the ABC test part of the Labor Code (along with other areas of the law), which raises the question of how this new test will impact California’s workers’ compensation system.

This article addresses that question and other potential ramifications of AB 5. First, however, a bit of history is needed.

The Dynamex Decision

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