Articles

John McGowan's Article Examines Overlooked Aspects of California's "Dynamex" Decision

Articles / June 11, 2018

Partner John McGowan authored an article, published by Bloomberg BNA’s “Daily Law Report” and “Pension and Benefits Daily” on June 5, 2018. The article, “Thinking Through the Dynamex Decision,” addresses key employee benefits considerations at risk of being overlooked by businesses responding to the recent California Supreme Court decision in Dynamex Operations West, Inc. v. Superior Court of Los Angeles County. In Dynamex, the California high court adopted a simplified test to determine whether a worker hired as an independent contractor qualifies as an “employee” for California wage order purposes, creating the potential for situations where a worker will qualify as an “employee” entitled to protection under California law, but will not be able to qualify as an “employee” for federal law purposes, including employee benefits purposes.

Read the article (registration required).