On May 3, 2019, the California Department of Industrial Relations, Division of Labor Standards Enforcement (“DLSE”) issued an opinion letter regarding the applicability of the ABC test set forth in Dynamex to claims arising under the Industrial Welfare Commission (“IWC”) Wage Orders. The DLSE concluded that it will apply the ABC test to questions of employment status for all claims involving a failure to fulfill obligations imposed by the Wage Orders, including related claims arising under the California Labor Code.
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