Of the estimated 50,000 Uber drivers operating in California, thirty of them have started a class–action lawsuit against the company. The complaint claims that Uber has been misclassifying all of its California drivers as independent contractors rather than employees ever since the Dynamex case was decided.
Dynamex, of course, is the California Supreme Court decision, published on April 30, 2018, that proclaimed that the “ABC Test” is the proper test for determining whether someone is an independent contractor or an employee. The decision was a significant departure from previous case law on worker classification. Notably, the ABC Test presumes that someone is an employee unless the hiring entity can demonstrate all three parts of the ABC Test. In this way, Dynamex almost completely shifted the burden of proof in misclassification cases from workers to hiring entities.
Nevertheless, Uber has asserted since Dynamex that it can and will continue to treat all of its California drivers as independent contractors. Accordingly, in this new lawsuit, it will be Uber’s burden to prove all of the following: