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Civil Litigation,
Labor/Employment,
California Supreme Court

Jun. 1, 2018

California’s gig economy ERISA aftershock

The California Supreme Court made a sweeping change to California’s gig economy in Dynamex Operations West v. Superior Court.

Jim P. Baker

Jim is head of the firm's ERISA Litigation Practice in California.

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The California Supreme Court recently made a sweeping change to California's gig economy. In Dynamex Operations West, Inc. v. Superior Court, 2018 DJDAR 3856 (April 30, 2018), the court ruled that in deciding whether a worker is an employee or an independent contractor, the employer must begin by presuming that the worker is a common law employee. Workers may be classified as independent contractors only if they meet all three of the follow...

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