The Law at Work: Stringent independent contractor test limited to claims based on wage orders
The San Diego division of the California Court of Appeal has ruled that the California Supreme Court’s stringent three-part test companies must satisfy to classify a worker as an independent contractor, rather than an employee, applies only to worker claims based on wage orders issued by the Industrial Welfare Commission and not claims based on other employment laws.
In his The Law at Work column in the San Diego Union-Tribune, Shareholder Dan Eaton examines a case between Border Transportation Group (BTG), which owns two-thirds of the operating taxicab permits in Calexico, and Jesus Garcia, a taxi driver who leased a permit from BTG, to further explain the state high court’s ABC, Borello and Dynamex tests.
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