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​A California balloon cloister should not accept absolved a driver’s allowance and hour claims adjoin a auto service, a California appellate cloister ruled. The aggregation did not authorize beneath the state’s “ABC” test, which was adopted by the California Supreme Cloister in Dynamex Operations West Inc. v. Superior Cloister (4 Cal.5th 903, 2018), that the disciplinarian was an absolute architect rather than an employee. The case should go to balloon to actuate the driver’s cachet beneath the ABC test, the cloister said.  

Under the three-part analysis adopted by the Dynamex court, a artisan is accepted to be an agent unless the hiring aggregation establishes anniversary of the following:

The auto aggregation bootless to authorize the third allotment of the test, the appellate cloister found. It is not abundant for the aggregation to appearance that the artisan was able of agreeable in an absolute business. Courts will accede whether the artisan “independently has fabricated the accommodation to go into business for himself or herself,” according to Dynamex. Affirmation includes whether the artisan has taken accomplish to advance his or her business through incorporation, licensure, advertisements or accepted offerings to accommodate casework to the public, the cloister said.

The auto account presented no affirmation that the disciplinarian provided casework for added entities apart of the company. The aggregation accordingly did not authorize that the disciplinarian was commonly affianced in an apart accustomed trade, activity or business.

Garcia v. Border Transportation Group, Calif. Ct. App., No. D072521 (Oct. 22, 2018).

Professional Pointer: The cloister did not aphorism that the disciplinarian was an employee, alone that the aggregation had not apparent beneath the ABC analysis that he was an absolute contractor. If the aggregation can appearance that the disciplinarian was affianced in an absolute business, it could still abound on the allowance and hour claims brought adjoin it.

Joanne Deschenaux, J.D., is a freelance biographer in Annapolis, Md.  

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