ABC to AB 5: The Supreme Court of California Modernizes Common Law Doctrine in Dynamex Operations West, Inc. v. Superior Court

Abstract

In 2018, the Supreme Court of California held in Dynamex Operations West, Inc. v. Superior Court that the ABC test for distinguishing between employees and independent contractors under state wage and hour laws should supplant its common law approach. As a result, California codified the decision as Assembly Bill 5 (AB 5). The adoption of the ABC test stands to benefit workers and have considerable effects on California’s economy. This Comment argues that courts should follow the Supreme Court of California’s example by shifting away from outdated common law doctrine to tackle emerging societal problems and propel legislative change.