Independent Contractors or Employees
Dynamex Operations West, Inc., v The Superior Court of Los Angeles County
On April 30, 2018 the California Supreme Court issued a Landmark Decision regarding the
distinction between Independent Contractors & Employees.
The decision severely limits whether and when a business can use Independent Contractors to
perform work for the business’ customers or clients.
The Court specifically decided that for a business to classify a worker an an Independent
Contractor the business must be compliant with what the Court called the A, B, C, Test.
(A) That the worker is free from the control and direction of the hiring entity in connection
with the performance of the work, both under the contract for the performance of the
work and in fact,
(B) That the worker performs work that is outside the usual course of the hiring entity’s
business, and
(C) That the worker is customarily engaged in an independently established trade,
occupation, or business.
The Court concluded that the hiring entity’s failure to prove any one of these three prerequisites
will be sufficient in itself to establish that the worker “is” an employee rather than an
Independent Contractor.
PLEASE NOTE: The Dynamex Decision was a ruling that came down regarding a
Transportation Company where the truck drivers wanted to be employees. Per Lorenzo Griffin,
President & CEO of LaRan Professional Hair Care Products, “this does NOT hold true for the
Beauty Industry, with 99% of the Hair Stylists do NOT want to be an Employee & 99% of the
Salon Owners do NOT want the responsibility of having Hair Stylists as employees”.
Professional Beauty Association (PBA) Attorney, Daniel Muller, has recommended that Hair Stylists
& Barbers should at a minimum have the following pending any changes in the existing law:
1. Valid Cosmetologist License
2. Valid Business License for the city in which you work
3. Have Liability Insurance for their business
4. Have a Contractual Agreement between the Salon Owner and the Hair Stylists/Barbers confirming
that they are Totally Independent
The State of Washington was able to OVER TURN its court ruling affecting Hair Stylists & Barbers in
the Beauty Industry……..Independent Contractors v Employees.
The California State Lobbyist has asked that we obtain & submit SIGNATURES to Sacramento to help
OVER TURN or MODIFY the existing California Supreme Court Dynamex Ruling.