What is the test for determining whether an employee is an independent contractor?
California, United States of America
The following excerpt is from Rosset v. Hunter Eng'g Co., A148819 (Cal. App. 2018):
To decide this case, we begin by identifying the applicable standard of review and apply that to the factors a trial court must consider in deciding a class certification motion. Next, because the class certification decision "may be enmeshed with" issues "affecting the merits of a case," (Linder v. Thrifty Oil Co. (2000) 23 Cal.4th 429, 443), we review the criteria for determining whether a relationship is that of an employee or independent contractor.
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