Jason Barsanti, a member of Cozen O'Connor's Labor & Employment department, was quoted in SHRM discussing the new standard for wage orders and different tests for other claims. The Borello test still can apply for other purposes, such as workers' compensation claims, tort claims for wrongful termination in violation of public policy and California Labor Code violations. In the future, however, California employers can expect to be confronted with the Dynamex test far more often than the Borello test, said Jason. The drivers in the trucking case didn't invoke the wage orders, he noted, but it is likely that, going forward, plaintiffs' attorneys will assert wage-order violations for which the more stringent ABC test will be applied.
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