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The Dynamex “ABC” Test Applies to Misclassified Contractors, Not Claims Of Joint Employment

The Dynamex “ABC” Test Applies to Misclassified Contractors, Not Claims Of Joint Employment

October 9, 2019 by Mark H. Wagner

In Henderson v. Equilon Enterprises, the Court clarified which employment test applied to which situation. The Court noted that the ABC test adopted by the California Supreme Court in Dynamex Operations West v. Superior Court addresses claims that workers have been misclassified as independent contractors rather than covered employees, and was not intended to apply to claims of joint employer liability.  The Court held that the governing standard for determining the existence of a joint employment relationship remained Martinez v. Combs.

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