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11 Landslide 42 (2018-2019)
Employee or Independent Contractor: It Depends on Why You're Asking

handle is hein.journals/lndslid11 and id is 320 raw text is: 

Employee or Independent


By Azita Iskandar

    n April 2018, the California Supreme Court issued its
    decision in Dynamex Operations West, Inc. v. Superior
    Court of Los Angeles,1 a closely watched case that looked
    at whether drivers working for a delivery company should
    be categorized as independent contractors or employees
    under the California wage orders. The decision established
a standard whereby all workers in California are presumed to
be employees for purposes of the California wage orders.2 If a
hiring party wishes to categorize a worker as an independent
contractor, the burden is on that hiring party to show that such
a classification is proper under the newly adopted ABC test.
   Dynamex has considerable significance for California
workers, businesses, and the public generally.3 The decision
has resulted in much hand-wringing among business owners,

and speculation as to what kind of effect it will have on the
gig economy. Additionally, given that a worker's classifica-
tion can determine copyright ownership, Dynamex has led to
some uncertainty regarding what kind of effect the decision
may have on the copyright ownership of a myriad of works
made by writers, photographers, producers, programmers,
musicians, and other creative individuals working in Califor-
nia's entertainment and tech industries.
   While Dynamex may indeed have serious implications for
California's workers and its gig economy, its effects on copy-
right ownership will likely be negligible. That is because
Dynamex pertains to worker classification for purposes of the
California wage orders, not necessarily for other purposes.
And when it comes to determining whether a worker should

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