2 ms·
How does the current state of things stand in light of the recent Dynamex (https://sacramento.cbslocal.com/2018/09/07/california-supreme-court-independent-contr
by ashelmire 8y ago
How does the current state of things stand in light of the recent Dynamex (https://sacramento.cbslocal.com/2018/09/07/california-supreme-court-independent-contractors/ https://sacramento.cbslocal.com/2018/09/07/california-suprem...) decision? According to that ruling (https://cbssacramento.files.wordpress.com/2018/09/dynamex-operations-west-v-superior-court-of-los-angeles.pdf https://cbssacramento.files.wordpress.com/2018/09/dynamex-op...), workers are considered to be independent contractors only if all of the following conditions are met, employees otherwise:
(A) that the worker is free from the control and direction of the hirer in connection with the performance of the work, both under the contract for the performance of such work and in fact;
(B) that the worker performs work that is 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 performed for the hiring entity.
It seems like tvcs doing software engineering at Google would not count as independent contractors (failing, in fact, to meet even one of the three conditions).
Edits for clarity.
- SpicyLemonZest 8y agoThe TVCs definitely don't count as independent contractors. They're employees of a contract firm.
- ashelmire 8y agoThe Dynamex ruling does seem to touch on this; Dynamex, in fact, seemed to claim that California wage orders would only apply to joint employers as the core of their appeal (this ruling seems to take that as a given; and extend it beyond that). This appears to be coemployment question that is raised in the original article. I don't think the courts (especially CA ones) will look fondly on companies using intermediate corporations as veils to obfuscate the employment relationship in any case.