September 2018 LACBA MCLE Test and Answer Sheet

 

Test No. 281: Deconstructing Dynamex

To access the article related to this test, please click here. The article will open in a separate window.
  
Instructions for Obtaining MCLE Credit

The Los Angeles County Bar Association certifies that this activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 1 hour. To apply for credit, please follow the instructions.

1. Study the CLE article.

2. Answer the test questions by marking the appropriate boxes. Each question has only one answer.

3. Photocopies of this answer sheet may be submitted; however, this form should not be enlarged or reduced. Mail the answer sheet and the $25 testing fee ($35 for non-LACBA members) to:

Los Angeles County Bar Association
Attn: Los Angeles Lawyer MCLE Test
P.O. Box 55020
Los Angeles, CA 90055

Make checks payable to Los Angeles County Bar Association.

4. You can also fill in the test form and submit it directly to LACBA by clicking "Submit." To submit your test answers online you will need to pay by credit card. After submitting your answers you will be presented with a screen requesting payment information. This information will be submitted in a secure mode which will allow you to safely transmit your credit card number over the Internet. If you prefer not to pay by credit card, please print this answer sheet and submit your responses by regular mail.

5. Within six weeks, Los Angeles Lawyer will return your test with the correct answers, a rationale for the correct answers, and a certificate verifying the CLE credit you earned through this self-study activity.

6. For future reference, please retain the CLE test materials returned to you.


 

Test Sheet
 



  
Mark your answers to the test by clicking next to your choice.  All questions must be answered.  Each question has only one answer. This test is worth 1 hour of credit.*

1. In California, minimum wage laws generally apply equally to employees and independent contractors.


2. The court in Dynamex Operations v. Superior Court of Los Angeles County expressly held that its new “ABC” test is applicable to establishing employment status under the California Fair Employment and Housing Act.


3. The ABC test classifies workers who perform tasks consistent with the employer’s usual course of business as employees.


4. Employers who misclassify workers as independent contractors are liable for employment taxes that should have been withheld.


5. The so-called Borello test presently remains the standard for determining employment status for purposes of employers’ workers’ compensation insurance requirements.


6. No presumption is made under the Dynamex ABC test as to a worker’s employment status unless that worker can first establish the employer has violated a California wage order.


7. In Martinez v. Combs, the California Supreme Court adopted an “economic reality” test as the standard for defining employment status.


8. The first element of the ABC test—being free of the control and direction of the employer—is largely a reiteration of the common law Borello test.


9. The ABC test was adopted by the Dynamex court in an attempt to simplify employment classification determinations.


10. Workers may be classified as independent contractors rather than employees so long as they consent to such classification at the time of their employment.


11. Dynamex further expands the broad definitions of “employ” and “employer” set forth in Martinez.


12. An employer’s “usual course of business” for purposes of analysis under the Dynamex ABC test is determined exclusively by statute.


13. Agricultural harvesters, delivery drivers, and electricians are all cited by the Dynamex court as examples of workers likely engaged in a sufficiently independent trade so as to justify independent contractor status.


14. A worker can be simultaneously classified as an employee under California law but as an independent contractor under federal law.


15.With respect to determining an employer’s degree of control over a worker, only actual control is determinative.


16. The Dynamex court’s adoption of the ABC standard is modeled after a substantially similar Massachusetts test.


17. The fact that a worker has taken steps to incorporate his or her own business supports a likelihood that the third element of the ABC test can be met.


18. The ABC test does not alter the definition of independent contractor under federal law.


19. California’s courts are generally reluctant to classify workers as employees rather than as independent contractors.


20. In the aftermath of Dynamex, exempt workers in California are the most likely group to require reclassification.

 


Before clicking the Submit button, please verify that all questions have been answered. An error message will appear if not all questions are answered.

* The Los Angeles County Bar Association has been approved as a continuing legal education provider of Minimum Continuing Legal Education credit by the State Bar of California. This self-assessment activity will qualify for Minimum Continuing Legal Education credit by the State Bar of California in the amount of one hour.