Ruling by
Tani Cantil-SakauyeLower Court
Los Angeles County Superior CourtLower Court Judge
Michael L. Stern
Suffer or permit to work standard under ‘Martinez v. Combs’ applies to determine whether worker is properly classified as independent contractor or employee.
To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Already a subscriber?
Sign In
Sign up for Daily Journal emails
Related Content
Civil Litigation, Labor/Employment, California Supreme Court
State high court: in misclassification disputes, assume they are employees
May 1, 2018
By Andy Serbe
By Andy Serbe
Civil Litigation, Labor/Employment, California Supreme Court
Unanswered questions after employee classification ruling
May 8, 2018
By Gina M. Roccanova
By Gina M. Roccanova
Civil Litigation, Labor/Employment, California Supreme Court
Employee classification ruling might not apply to truckers
May 9, 2018
By Miles L. Kavaller
By Miles L. Kavaller
Labor/Employment, California Supreme Court
Learning the ABCs
MCLE
May 11, 2018
By Gina M. Roccanova, Michael Rubin
Tax, Labor/Employment, Government
Crowdfunding, employee classification and IRS database... oh my!
May 16, 2018
By Erin Bradrick
By Erin Bradrick
Transportation, Labor/Employment, Insurance, California Supreme Court
Safer roads: An unexpected benefit of the independent contractor ruling?
May 16, 2018
By Allen Patatanyan
By Allen Patatanyan
Civil Litigation, Labor/Employment, California Supreme Court
California’s gig economy ERISA aftershock
Jun. 1, 2018
By Jim P. Baker
By Jim P. Baker
Tax, Civil Litigation, Labor/Employment, California Supreme Court
Will employee classification ruling just lead to even more lawsuits?
Jun. 20, 2018
By Robert W. Wood
By Robert W. Wood
Civil Litigation, Labor/Employment, California Supreme Court, Alternative Dispute Resolution
County can hire independent contractors who don't meet Dynamex test
Jun. 26, 2018
By Michael H. Leb
By Michael H. Leb
Civil Litigation, Labor/Employment, California Supreme Court
Who’s an employee? The impact of Dynamex
MCLE
Jul. 2, 2018
By Dariush Adli
Civil Litigation, Labor/Employment, California Supreme Court
Ruling may slow down expanding gig economy
Jul. 18, 2018
By Eric B. Kingsley
By Eric B. Kingsley
Civil Litigation, Labor/Employment
Ignorance of shifting wage laws is no excuse for violations
Jul. 20, 2018
By Joel O’Malley
By Joel O’Malley
Labor/Employment, California Supreme Court
Recent cases could inform upcoming rulings on contract work
Jul. 26, 2018
By Andy Serbe
By Andy Serbe
Labor/Employment
DOL provides the latest guidance on employee classification
MCLE
Aug. 14, 2018
By Elizabeth Arnold, Chester Hanvey
Civil Litigation, Labor/Employment, California Supreme Court
Does the high court’s Dynamex decision apply retroactively?
Aug. 27, 2018
By Michael H. Leb
By Michael H. Leb
Civil Litigation, Labor/Employment
Uber accused of misclassification by competitor in novel legal move
Sep. 13, 2018
By Andy Serbe
By Andy Serbe
Law Practice, California Supreme Court, Appellate Practice
California law risk, the commute, and the past as prologue
Sep. 14, 2018
By Howard B. Miller
By Howard B. Miller
Labor/Employment, California Supreme Court
Dynamex ruling detonates a common business model
Sep. 20, 2018
By Kerry Jackson
By Kerry Jackson
Labor/Employment, California Supreme Court
Dynamex isn't just about Wage Orders
Oct. 18, 2018
By Scott D. Nelson
By Scott D. Nelson
Labor/Employment, California Courts of Appeal
Appellate court ruling sides with worker who accuses employer of misclassification
Oct. 24, 2018
By Andy Serbe
By Andy Serbe
Civil Litigation, Labor/Employment, 9th U.S. Circuit Court of Appeals
9th Circuit continues to enforce well-crafted arbitration agreements
Nov. 7, 2018
By Brent D. Knight, Cary D. Sullivan, Steven M. Zadravecz
By Brent D. Knight, Cary D. Sullivan, Steven M. Zadravecz
Labor/Employment, California Supreme Court, California Courts of Appeal
As easy as “ABC,” but not exactly in California
Nov. 26, 2018
By Lara F. Graham, Kevin D. Whittaker
By Lara F. Graham, Kevin D. Whittaker
Labor/Employment
Postmates and its couriers to argue arbitration in misclassification lawsuit
Nov. 23, 2018
By Sean Kagan
By Sean Kagan
U.S. Supreme Court, Civil Litigation, Labor/Employment
Dueling proposals signal 2019 will be the year of Dynamex
Dec. 20, 2018
By Benjamin M. Ebbink
By Benjamin M. Ebbink
Labor/Employment, California Supreme Court, 9th U.S. Circuit Court of Appeals
GrubHub reclassification should be easy as ABC
Jan. 22, 2019
By Gerald L. Sauer
By Gerald L. Sauer
Civil Litigation, Labor/Employment, California Supreme Court
Dealing with Dynamex
Jan. 30, 2019
By Laura P. Worsinger
By Laura P. Worsinger
Government
New governor tackles affordable housing, CEQA and the tech industry in State of the State
Feb. 13, 2019
By Malcolm Maclachlan
By Malcolm Maclachlan
Labor/Employment
Could a 3rd category of worker resolve flexibility versus benefits disputes?
Feb. 28, 2019
By Andy Serbe
By Andy Serbe
Labor/Employment
NLRB ‘win’ for gig economy might not help California employers
Apr. 1, 2019
By Tiffany Tran
By Tiffany Tran
Labor/Employment
Court rejects preeemption argument against Dynamex decision
Apr. 3, 2019
By Andy Serbe
By Andy Serbe
Labor/Employment, Government
Will California pass legislation addressing the Dynamex ruling?
Apr. 15, 2019
By Benjamin M. Ebbink
By Benjamin M. Ebbink
Labor/Employment
The secret to workplace compliance: Don't just check the box
May 1, 2019
By Beth A. Schroeder
By Beth A. Schroeder
Labor/Employment, 9th U.S. Circuit Court of Appeals
9th Circuit rules Dynamex is retroactive, offers guidance on B prong
May 3, 2019
By Andy Serbe
By Andy Serbe
Labor/Employment, California Supreme Court, 9th U.S. Circuit Court of Appeals
How should companies deal with Dynamex retroactivity?
May 8, 2019
By Jon D. Meer, Coby M. Turner
By Jon D. Meer, Coby M. Turner
Labor/Employment, California Supreme Court, 9th U.S. Circuit Court of Appeals
Vazquez ‘guidance’ throws future plaintiffs a bone or 2
May 9, 2019
By Tamarah P. Prevost
By Tamarah P. Prevost
Labor/Employment
Labor Board writes Uber drivers are contractors under federal law
May 15, 2019
By Andy Serbe
By Andy Serbe
Labor/Employment, Government
Assembly vote on test to determine an employee could impact gig economy
May 31, 2019
By Glenn Jeffers
By Glenn Jeffers
Labor/Employment, Government
The next wave of new California employment laws
Jun. 6, 2019
By Robin E. Largent
By Robin E. Largent
Civil Litigation, Labor/Employment, California Supreme Court, 9th U.S. Circuit Court of Appeals
Bill to codify Dynamex, like the court ruling itself, is an overreach
Jun. 19, 2019
By Michael H. Leb
By Michael H. Leb
Labor/Employment
Uber, Lyft might ask unions to help block contractors law
Jul. 3, 2019
By Glenn Jeffers
By Glenn Jeffers
Civil Litigation, Labor/Employment, California Supreme Court
California is doubling down on the Dynamex ruling across the board
Jul. 5, 2019
By Allegra A. Jones, Brooke B. Tabshouri
By Allegra A. Jones, Brooke B. Tabshouri
Civil Litigation, Labor/Employment, California Supreme Court
Storms on the horizon after high court’s Dynamex ruling
Jul. 10, 2019
By Alicia C. Anderson, Benjamin J. Kim, Irene Scholl-Tatevosyan
By Alicia C. Anderson, Benjamin J. Kim, Irene Scholl-Tatevosyan
Labor/Employment, California Supreme Court
Are unpaid summer internships still legal?
Jul. 10, 2019
By Andre Y. Bates
By Andre Y. Bates
Labor/Employment, Government
With compromises, gig worker bill passes key legislative committee
Jul. 11, 2019
By Malcolm Maclachlan
By Malcolm Maclachlan
Labor/Employment, Government
Buttigieg wants to expand California’s gig worker law nationally
Jul. 30, 2019
By Glenn Jeffers
By Glenn Jeffers
Law Practice, Civil Rights
San Francisco law firm helps transgender invidividuals get settlement with Lyft
Aug. 1, 2019
By Malcolm Maclachlan
By Malcolm Maclachlan
Labor/Employment
Dynamex upheaval of the gig economy could take years to sort out
Aug. 19, 2019
By Ronald L. Zambrano
By Ronald L. Zambrano
Labor/Employment, Government
Law professors urge state to codify Dynamex test in law
Aug. 29, 2019
By Glenn Jeffers
By Glenn Jeffers
Civil Litigation, Labor/Employment
US judge OKs $20M deal between Uber and its drivers
Aug. 30, 2019
By Winston Cho
By Winston Cho
Labor/Employment, Government
State bill codifying Dynamex survives fiscal committees
Sep. 3, 2019
By Malcolm Maclachlan
By Malcolm Maclachlan
Labor/Employment
Legislature OKs bill to curb ‘gig’ workers; Uber vows to ignore
Sep. 12, 2019
By Glenn Jeffers
By Glenn Jeffers
Civil Litigation
Uber faces suit after vow to disobey new gig workers law
Sep. 16, 2019
By Glenn Jeffers
By Glenn Jeffers
Civil Litigation, Labor/Employment, Government
As contract work reclassification bill is signed, legal challengers are prepared
Sep. 19, 2019
By Malcolm Maclachlan
By Malcolm Maclachlan
Labor/Employment, Government, California Supreme Court
AB 5: Time to get Uber it and move on
Sep. 24, 2019
By Ronald L. Zambrano
By Ronald L. Zambrano
California Supreme Court, 9th U.S. Circuit Court of Appeals
Circuit asks Supreme Court if Dynamex is retroactive
Sep. 25, 2019
By Glenn Jeffers
By Glenn Jeffers
Labor/Employment, Government
Is Dynamex retroactive? What will the California Supreme Court say?
Oct. 8, 2019
By Chris Micheli
By Chris Micheli
U.S. Supreme Court, Labor/Employment
New Dynamex retroactivity ruling could affect high court
Oct. 11, 2019
By Glenn Jeffers
By Glenn Jeffers
U.S. Supreme Court, Labor/Employment, Constitutional Law, California Supreme Court
NLRA may preempt AB 5 under the Garmon doctrine
Oct. 14, 2019
By Keahn N. Morris, Mark S. Ross
By Keahn N. Morris, Mark S. Ross
Civil Litigation, Labor/Employment
Retroactivity of Dynamex and AB 5
Oct. 14, 2019
By Allison M. Scott, Cory L. Webster, Laura P. Worsinger
By Allison M. Scott, Cory L. Webster, Laura P. Worsinger
Labor/Employment
Are golf professionals now ‘employees’ under Assembly Bill 5?
Oct. 28, 2019
By Colin Walshok
By Colin Walshok
Civil Litigation, Labor/Employment, California Supreme Court, 9th U.S. Circuit Court of Appeals
The debate over Dynamex’s retroactivity heads to the California Supreme Court
Oct. 30, 2019
By Jacob M. McIntosh, Felix Shafir
By Jacob M. McIntosh, Felix Shafir
Labor/Employment, Corporate
Gig companies unveil ballot initiative to carve out their workers from new labor law
Oct. 30, 2019
By Malcolm Maclachlan
By Malcolm Maclachlan
Labor/Employment
Worries over AB 5 are overstated because of federal law limits
Nov. 15, 2019
By Bob Blum
By Bob Blum
Civil Litigation, Labor/Employment, California Supreme Court, 9th U.S. Circuit Court of Appeals
State high court asked to decide if Dynamex applies retroactively
Nov. 25, 2019
By Glenn Jeffers
By Glenn Jeffers
Labor/Employment
Uber’s new contract language won’t prevent worker suits, experts say
Dec. 3, 2019
By Glenn Jeffers
By Glenn Jeffers
Labor/Employment
Uber's and Lyft's AB 5 Hail Mary: Optics aren't everything
Dec. 4, 2019
By Ronald L. Zambrano
By Ronald L. Zambrano
Tax, Labor/Employment, Government
State developments impacting the nonprofit sector
Dec. 5, 2019
By Erin Bradrick
By Erin Bradrick
Labor/Employment
Navigating the impacts of AB 5 for public agency employers
Dec. 9, 2019
By Kaylee Feick, T. Oliver Yee
By Kaylee Feick, T. Oliver Yee
Labor/Employment, California Supreme Court
Dynamex echoes Supreme Court principles decided almost 50 years ago
Dec. 10, 2019
By Kevin Ruf
By Kevin Ruf
Tax, Securities, Law Practice, Corporate
The top 10 legal issues for startups
MCLE
Dec. 13, 2019
By Roger Royse
Labor/Employment
Uber’s $4.4M EEOC harassment settlement followed by new employee class action
Dec. 19, 2019
By Glenn Jeffers
By Glenn Jeffers
Labor/Employment
2020 laws all California employers should know
Dec. 23, 2019
By Kate McGuigan, Michael Schlemmer
By Kate McGuigan, Michael Schlemmer
Civil Litigation, 9th U.S. Circuit Court of Appeals
The top 5 9th Circuit civil cases of 2019
Dec. 30, 2019
By James Azadian
By James Azadian
Labor/Employment, Government
Teamsters seek to stop truckers from pausing independent contractor law
Dec. 30, 2019
By Malcolm Maclachlan
By Malcolm Maclachlan
Labor/Employment, Corporate
Hot topic in startup law: employment misclassification
Jan. 7, 2020
By Roger Royse
By Roger Royse
Labor/Employment
AB 5 hit with collection of challenges from range of industries
Jan. 3, 2020
By Glenn Jeffers
By Glenn Jeffers
Labor/Employment
Truckers don’t have to comply with AB 5, new gig-worker law
Jan. 9, 2020
By Glenn Jeffers
By Glenn Jeffers
Labor/Employment
The impact of AB 5 on court interpreters in the private sector
Jan. 21, 2020
By Esther M. Hermida
By Esther M. Hermida
Labor/Employment, California Supreme Court
State high court will hear another Dynamex case
Jan. 21, 2020
By Glenn Jeffers
By Glenn Jeffers
U.S. Supreme Court, Tax, Government
2019’s top 10 California SALT developments
Jan. 22, 2020
By Eric J. Coffill, Alexandra Louderback
By Eric J. Coffill, Alexandra Louderback
Labor/Employment
Keep on truckin’ (for now): AB 5 may not apply to truckers
Jan. 23, 2020
By Philip McDermott, Annette Mijanovic
By Philip McDermott, Annette Mijanovic
Labor/Employment, Civil Litigation, California Supreme Court
Janitorial workers urge state Supreme Court to apply Dynamex retroactively
Jan. 24, 2020
By Glenn Jeffers
By Glenn Jeffers
Labor/Employment, California Supreme Court
California's relentless effort to expand contractor 'misclassification' laws to joint employment and franchising
Feb. 18, 2020
By Michael J. Lotito, James A. Paretti
By Michael J. Lotito, James A. Paretti
Labor/Employment
Key 2020 California employment law compliance challenges
Mar. 6, 2020
By Ann Marie Zaletel
By Ann Marie Zaletel
Labor/Employment, Alternative Dispute Resolution
New statutes and decisions impact L&E mediations
Mar. 17, 2020
By Louis M. Marlin
By Louis M. Marlin
Labor/Employment, Civil Litigation
AG, truckers want Southern District case stayed while 9th Circuit weighs in
Mar. 18, 2020
By Jessica Mach
By Jessica Mach
Labor/Employment, Government
Newspaper industry gets relief in bill headed to Senate floor
Aug. 24, 2020
By Jessica Mach
By Jessica Mach
Real Estate/Development, Government
Eviction protection compromise goes up to the wire in Legislature
Sep. 1, 2020
By Malcolm Maclachlan
By Malcolm Maclachlan
Labor/Employment
Independent contractors and AB 2257: different year, same story
Sep. 3, 2020
By Bruce J. Sarchet
By Bruce J. Sarchet
Labor/Employment
Bill that loosened some AB 5 restrictions becomes immediate law
Sep. 8, 2020
By Jessica Mach
By Jessica Mach
Labor/Employment, Civil Litigation, 9th U.S. Circuit Court of Appeals
Will AB 5 keep on trucking?
Sep. 14, 2020
By Ronald L. Zambrano
By Ronald L. Zambrano
Labor/Employment
Prop 22 strips workers of protections guaranteed by California law
Oct. 7, 2020
By Erika J. Scott
By Erika J. Scott
Labor/Employment, 9th U.S. Circuit Court of Appeals
Neither side wanted to argue Dynamex retroactivity at state high court
Nov. 4, 2020
By Jessica Mach
By Jessica Mach
Labor/Employment, Government
Gig workers still on agenda as Legislature plots 2021
Dec. 15, 2020
By Malcolm Maclachlan
By Malcolm Maclachlan
Labor/Employment
AB 2257: The ‘clean up’ bill for California’s landmark worker classification law, AB 5
Jan. 6, 2021
Labor/Employment, Civil Litigation, California Supreme Court
Dynamex is retroactive, state Supreme Court rules
Jan. 15, 2021
By Jessica Mach
By Jessica Mach
Labor/Employment
Fallout over gig worker proposition is only just beginning
Jan. 19, 2021
By Ronald L. Zambrano
By Ronald L. Zambrano
Labor/Employment
Proposition 22 and the tenuous path forward for app-based companies
MCLE
Jan. 22, 2021
By Jade Butman, Andrea Chavez
Labor/Employment, California Supreme Court
Dynamex’s classification test applies retroactively
MCLE
Jan. 29, 2021
By Felix Shafir
Technology, Civil Litigation
Class of 5,000 Uber drivers OK'd in classification fight
Jan. 27, 2021
By Winston Cho
By Winston Cho
Labor/Employment, Civil Litigation, 9th U.S. Circuit Court of Appeals
9th Circuit lifts injunction on applying AB to truck drivers
Apr. 29, 2021
By Craig Anderson
By Craig Anderson
Labor/Employment, 9th U.S. Circuit Court of Appeals
Truck drivers in California will finally have their day in court
May 5, 2021
By Ronald L. Zambrano
By Ronald L. Zambrano
Labor/Employment, 9th U.S. Circuit Court of Appeals
Gig worker challenge gets 9th Circuit hearing
Jun. 10, 2021
By Jessica Mach
By Jessica Mach
Labor/Employment, 9th U.S. Circuit Court of Appeals
9th Circuit lets truckers appeal contract workers ruling
Jun. 25, 2021
By Jessica Mach
By Jessica Mach
U.S. Supreme Court, Labor/Employment, 9th U.S. Circuit Court of Appeals
Truckers ask US Supreme Court to review worker classification
Aug. 12, 2021
By Jessica Mach
By Jessica Mach
California Supreme Court, Appellate Practice, 9th U.S. Circuit Court of Appeals
Appellate cases to watch this fall
Aug. 23, 2021
By Lauren Jacobs, M.C. Sungaila
By Lauren Jacobs, M.C. Sungaila
Labor/Employment, Civil Litigation, California Courts of Appeal
Rethinking the joint-employer standard
Sep. 22, 2021
By Stephen L. Raucher
By Stephen L. Raucher
Labor/Employment, Civil Litigation, 9th U.S. Circuit Court of Appeals
ABC Test is alive and well in the 9th Circuit
Sep. 24, 2021
By Ronald L. Zambrano
By Ronald L. Zambrano
Labor/Employment, Constitutional Law, Civil Litigation
In invalidating Prop 22, court overlooked basic constitutional law
Oct. 13, 2021
By Steven G. Churchwell
By Steven G. Churchwell
Labor/Employment, Civil Litigation
Repairing the cracked windshield that is AB 5
Oct. 21, 2021
By Ronald L. Zambrano
By Ronald L. Zambrano
U.S. Supreme Court, Labor/Employment, Civil Litigation, 9th U.S. Circuit Court of Appeals
High court seeks US brief on California trucking labor laws
Nov. 16, 2021
By Craig Anderson
By Craig Anderson
Labor/Employment, Government
Worker advocates shouldn’t compromise, ex-lawmaker tells symposium
Feb. 28, 2022
By Malcolm Maclachlan
By Malcolm Maclachlan
Insurance
Examining rideshare drivers’ employment and insurance challenges
Jun. 21, 2024
By Reza Torkzadeh, Allen P. Wilkinson
By Reza Torkzadeh, Allen P. Wilkinson