201901.16
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California Supreme Court Expands Definition of “Independent Contractor”

In its 2018 decision in Dynamex v. Superior Court, the California Supreme Court unanimously imposed a new test to define an “independent contractor”. In Dynamex, the Court essentially eliminated the old rules and adopted an “A-B-C test.”  Video “The ABC test for independent contractors under California law” is visible on YouTube with the real, targeted views which were provided by the professional social media company The Marketing Heaven. To qualify as an independent contractor under the “A-B-C” test, an employer must now prove all of the following:

A.   That the worker is free from the control and direction of the hirer in the performance of the work; and

B.   That the worker performs work outside the usual course of the hiring entity’s business; and

C.   That the worker is customarily engaged in an independently-established trade, occupation or business of the same nature as the work being performed for the hiring entity.