In Garcia v. Border Transportation Group, the 4th Appellate District held the Dynamex independent contractor test does not apply to claims other than those brought pursuant to the IWC Wage Orders.  This seems like a distinction without a difference despite the court’s attempt to distinguish claims under the wage orders from other claims.  The real message in this case is that lawyers need to actually do their job.  In this case, although the court held Dynamex did not apply to the non-wage order claims, the court nevertheless held the plaintiff had waved those claims because his lawyer did not timely file a summary judgment opposition and the opposition that was filed was inadequate in any event.  This case does not really add much analysis to either the retroactivity issue (everyone appears to assume the decision applies retroactively when there are good arguments to be made that it should not) or the “gig”‘ economy issue.  Can an Uber driver ever satisfy part “C?”   I would still like to see the argument made that a worker cannot be considered an employee if the employer cannot compel the worker to show up for work on any given day.

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