Understanding the ABC test for independent contractors in California

This Friday’s Five is a video (see video below) that reviews the ABC test for independent contractors as set forth in the California Supreme Court’s ruling in Dynamex Operations West, Inc. v. Superior Court, (2018) 4 Cal.5th 903.  The five issues I discuss in the video include: 1) Part A of the test requires that the worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact; and 2) Part B of the test requires that the worker performs work that is outside the usual course of the hiring entity’s business; and 3) Part C of the test requires that the worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed. 4) The contractor must actually be in business for themselves. The court in Garcia v. Border Transportation Group, LLC (2018) 28 Cal.App.5th 558,…

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