California Supreme Court Decision on Independent Contractors

Compliance Bulletin

The California Supreme Court decision in Dynamex Operations West, Inc. v. Superior Court has caused considerable furor in the business community. It departs from prior law by establishing a presumption that workers are employees rather than independent contractors, and puts the burden on the employer to establish that a worker is truly an independent contractor and not an employee entitled to typical worker protections. CBA urges members who classify some of their workers as independent contractors to consult their employment counsel to determine what effect, if any, the Dynamex decision will have. CBA’s Regulatory Compliance Bulletin discussing the Dynamex decision can be found here.