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In September 2019, the California Supreme Court agreed to answer the question of whether Dynamex applies retroactively, and Lawson’s appeal was stayed pending the result.įurther complicating the issue, the California legislature passed Assembly Bill 5 (), codifying the ABC test.

That the worker is customarily engaged in an independently established trade, occupation or business of the same nature as that involved in the work performed.

That the worker performs work that is outside the usual course of the hiring entity’s business and.

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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 the work and in fact.The ABC test presumptively considers all workers to be employees, only allowing classification as an independent contractor if the hiring entity demonstrates the worker in question can satisfy all three conditions: Superior Court of Los Angeles, adopting the ABC test for the classification of workers. Three months later, the state’s highest court issued its landmark decision in Dynamex Operations West, Inc. The first part addressed whether Lawson was misclassified as an independent contractor.įollowing a bench trial, the court held that Lawson was properly classified as an independent contractor using the multifactor test set out by the California Supreme Court in S.G.

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He sought to represent a class of similarly situated delivery drivers in the state, and sought penalties under the Private Attorneys General Act (PAGA).Ī district court denied class certification and then bifurcated a trial on Lawson’s claims into two parts.

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He argued that he should have been classified as an employee, asserting claims under the California Labor Code for the failure to pay minimum wage and overtime, as well as the failure to reimburse expenses. Grubhub classified Lawson as an independent contractor rather than as an employee. Court of Appeals for the Ninth Circuit.įor four months in late 2015 and early 2016, Raef Lawson worked for Grubhub as a food delivery driver in the Los Angeles area. The retroactive application of Dynamex may permit a Grubhub driver’s suit alleging he was misclassified as an independent contractor, according to a new decision from the U.S.

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