Civil Litigation,
Labor/Employment,
California Supreme Court
May 9, 2018
Employee classification ruling might not apply to truckers
If a shipment originates out of state or out of the country and is transported into California, for example, and then from the port of Los Angeles to a destination in Los Angeles, it is said to be “in interstate of foreign commerce,” despite the fact that it never leaves the state.
Miles L. Kavaller
Miles is a sole practitioner in Woodland Hills specializing in transportation law.
On April 30, in Dynamex Operations West, Inc. v. Superior Court, 2018 DJDAR 3856, the California Supreme Court adopted a new test for classifying workers as independent contractors, "the ABC test." While it could have at least recommended that the California Legislature examine the issues, this activist judicial body ironically adopted the requirements found in the statutes of Delaware (Del. Code Ann., tit. 19, Sections 3501(a)(7), 3503(c))...
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