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Dynamex v. Super. Ct., B249546

This petition for writ of mandate alleges that the superior court's certification of the proposed class improperly adopted the definition of "employee" found in Industrial Welfare Commission (IWC) wage orders and failed to use the Borello common law test for distinguishing between employees and independent contractors. The petition is: 1) denied in part, where the superior court correctly allowed plaintiffs to rely on the IWC definition for purposes of those claims falling within the scope of Wage Order No. 9; and 2) granted in part, with respect to claims falling outside the scope of Wage Order No. 9, where the superior court must reevaluate whether class certification remains appropriate by focusing its analysis on differences in the defendant's right to exercise control, as per Ayala v. Antelope Valley Newspapers, Inc.

Appellate Information

  • Decided 10/15/2014
  • Published 10/15/2014


  • Perluss


  • California Court of Appeal


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