The California Court of Appeal has ruled that the “ABC test” from the Dynamex decision applies to all workers, regardless of whether they were hired directly by the company or not. The ABC test is a three-part test that determines whether a worker is an employee or an independent contractor. Read more about the ABC test here.
The significance of this ruling is that, from the start, when demonstrating a worker’s independent contractor status, the employer will continue to carry the burden of meeting the ABC test. There is no preliminary threshold test that the worker has to satisfy first in order for the employer to be held accountable for the ABC test. This decision reinforces the Dynamex decision and makes it clear that the ABC test applies to all workers, regardless of how they were hired.