The ABC test adopted in Dynamex Operations West v. Superior Court is retroactively applicable to pending litigation on wage and hour claims; the ABC test applies with equal force to Labor Code claims that seek to enforce the fundamental protections afforded by wage order provisions; and statutory claims alleging misclassification not directly premised on wage order protections, and which do not fall within the generic category of wage and hour laws, are appropriately analyzed under the test established in S.G. Borello and Sons v. Department of Industrial Relations.
Gonzales v. San Gabriel Transit - filed Oct. 8, 2019, Second District, Div. Four
Cite as 2019 S.O.S. 3060
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