The ABC test adopted by the California Supreme Court in Dynamex Operations West v. Superior Court addresses claims that workers have been misclassified as independent contractors rather than covered employees, and was not intended to apply to claims of joint employer liability; the governing standard for determining the existence of a joint employment relationship remains Martinez v. Combs. A corporation was not the joint employer of a service station worker, even though his employer was contractually obligated to perform certain tasks for the corporation, since the employer alone dictated how those tasks would be performed, the corporation had no power to fire the worker, and did not have the ability to hinder his work.
Henderson v. Equilon Enterprises - filed Oct. 8, 2019, First District, Div. One
Cite as 2019 S.O.S. 3053
For more information, go to:
No comments:
Post a Comment