Summary: In Dynamex Operations West Inc. v. Superior Court, 4 Cal 5th 903 (2018), the California Supreme Court introduced the ABC Test for determining whether a worker should be classified as an employee or an independent contractor. The California Supreme Court applied this test to Industrial Welfare Commission wage order claims and left open whether this test applied in any other context. Under California Labor Code section 2750.3, effective January 1, 2020, the California Legislature codified and expanded the application of Dynamex Operations. This article discusses the ABC Test and under what circumstances it does apply, under what circumstances it may apply, and under what circumstances it does not apply.

A PDF version of this article with legal references can be found here.

Summary: Although most employers might prefer non-compete provisions in their employment contracts to protect their business when key employees leave, the State of California’s public policy on workplace mobility prohibits such provisions except in very limited circumstances. This article discusses this prohibition, its exceptions, and what employers can do to protect their business.

A PDF version of this article with legal references can be found here.