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Bill Would Ditch Dynamex Test for Borello

Friday, January 17, 2020 | 2

The old test to determine whether a California worker is an employee would replace the new test that went into effect at the start of the year, under recently introduced legislation. Assembly Bill 1928 would repeal Labor Code and other statutory provisions mandating the use of the ABC test to decide if a worker is an employee or an independent contractor. The measure would require that any determination of employee status be made using the multifactor test from the 1989 state Supreme Court case S.G. Borello & Sons Inc. v. Department of Industrial Relations. AB 1928, by Assemblymember...

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