On the California Supreme Court’s Landmark Decision Cracking Down on Independent Contractor Misclassification

Following is a statement by Rebecca Smith, director of the Work Structures program at the National Employment Law Project:

“NELP applauds the decision of the California Supreme Court in Dynamex v. Superior Court of Los Angeles, clarifying the California test to determine whether or not a worker is an ‘employee.’

“The test adopted by the California Supreme Court will aid employers, workers, and the courts in applying the broad terms of California law.

“It means that companies in industries from construction to tech to homecare and trucking will no longer be able to dodge minimum wage laws by pretending that the workers who form their workforces are somehow not their employees.

“In particular, businesses in the on-demand economy will no longer be able to push costs and risks downstream to workers and profits upstream to their CEOs. It’s a clear message to them that the gig is up in California.”


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