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The trial court found that the drivers had been misclassified as independent contractors. The Court of Appeals denied writ relief.
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9, the applicable state wage order governing the transportation industry, as well as various sections of the Labor Code, and, as a result, that Dynamex had engaged in unfair and unlawful business practices under Business and Professions Code section 17200. The drivers claimed that Dynamex's alleged misclassification of its drivers as independent contractors led to Dynamex's violation of the provisions of Industrial Welfare Commission wage order No. Two individual delivery drivers, suing on their own behalf and on behalf of a class of allegedly similarly situated drivers, filed a complaint against Dynamex, alleging that Dynamex had misclassified its delivery drivers as independent contractors rather than employees.
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Under the current policy, all drivers are treated as independent contractors and are required to provide their own vehicles and pay for all of their transportation expenses, including fuel, tolls, vehicle maintenance, and vehicle liability insurance, as well as all taxes and workers' compensation insurance. In 2004, Dynamex converted all of its drivers to independent contractors after management concluded that such a conversion would generate economic savings for the company. Prior to 2004, Dynamex classified its California drivers as employees and compensated them pursuant to this state's wage and hour laws. Dynamex offers on-demand, same-day pickup and delivery services to the public generally and also has a number of large business customers-including Office Depot and Home Depot-for whom it delivers purchased goods and picks up returns on a regular basis. (Dynamex), is a nationwide same-day courier and delivery service that operates a number of business centers in California. How is Dynamex rated Dynamex has 1.5 stars.
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As a consequence, it is appropriate, and most consistent with the history and purpose of the suffer or permit to work standard in California's wage orders, to interpret that standard as: (1) placing the burden on the hiring entity to establish that the worker is an independent contractor who was not intended to be included within the wage order's coverage and (2) requiring the hiring entity, in order to meet this burden, to establish each of the three factors embodied in the ABC test-namely (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 and (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 of the same nature as the work performed. DYNAMEX - 41 Photos & 438 Reviews - Couriers & Delivery Services - 2051 Raymer Ave, Fullerton, CA - Phone Number - Yelp Dynamex 439 reviews Claimed Couriers & Delivery Services Frequently Asked Questions about Dynamex What forms of payment are accepted Dynamex accepts credit cards. There are meritorious concerns regarding the disadvantages, particularly in the wage and hour context, inherent in relying upon a "multifactor, all the circumstances" standard for distinguishing between employees and independent contractors.