San Francisco Regional Managing Partner Examines Application of ABC Test

In the Daily Journal article titled “Appellate court ruling sides with worker who accuses employer of misclassification,” San Francisco Regional Managing Partner Jason Geller discusses the recent appellate decision in Garcia v. Border Transportation Group, LLC, where the issue of worker classification took center stage. The appellate court determined that the company did not satisfy the third prong of the ABC test that was established in the California Supreme Court decision Dynamex Operations West v. Superior Court.

Jason provided some clarity on the law following Garcia ruling, saying the court reached an important distinction on the applicability of the Borello test. Jason says the court “affirmed the fact that Borello, which was the normal test before Dynamex, still has a place and the law is still good.”

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