Dynamex Operations West v. Superior Court: Supreme Court Will Review Independent Contractor Class Certification Issues

In Dynamex Operations West, Inc. v. Superior Court (Lee) (2014) 230 Cal.App.4th 718 (discussed here) the Court of Appeal held that the IWC Wage Order definition of "employer" -- discussed in Martinez v. Combs (2010) 49 Cal.4th 35 (discussed here) -- applies to claims that fall within the scope of the Wage Order, but the multi-factor test discussed in S.G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341 applies to claims that fall outside the scope of the Wage Order. Got it?

The California Supreme Court granted review on January 28, 2015. The issue presented, according to the Court's web site, is as follows:

In a wage and hour class action involving claims that the plaintiffs were misclassified as independent contractors, may a class be certified based on the Industrial Welfare Commission definition of employee as construed in Martinez v. Combs (2010) 49 Cal.4th 35, or should the common law test for distinguishing between employees and independent contractors discussed in S.G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341 control?

Dynamex is Case No. S222732, and the Court's web site for it is here.