The Gig Economy – Classifying Independent Contractors

By Selwyn D. Whitehead, Esq.

Will the California Supreme Court’s decision in Dynamex Operations West, Inc. v. Superior Court,1 changing the test for classifying independent contractors, impact "gig" workers who file for bankruptcy? And if so, will it only impact California cases or will it have implications for bankruptcy courts across the country?

The issue at hand is how to properly classify a worker who performs discrete services for a company: Is that worker a company employee or an independent contractor? The issue has been litigated in administrative agencies as . . .

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