Declaration of Independents on Dynamex Decision

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I count myself as one of the 57 million people across our country, and the 1.4 million in California alone, who choose to work as an independent contractor. We are accountants, health care workers, child care providers, artists, insurance agents, distributors, drivers and more. We are the thousands of people whose lives and careers could be altered drastically by the recent Dynamex Operations West vs. Superior Court ruling.

In this decision, the California Supreme Court ruled that companies must now follow the “ABC Test” to determine whether a worker should be classified as an employee or an independent contractor. This test calls for a three-pronged approach to classifying an employee, asking each employer to prove that A) the worker is free from the control and direction of the employer, B) the worker performs work that is outside of the business’ usual course of work, and C) the worker is customarily engaged in an independently established trade, occupation, or business relating to the work to be performed.

All three conditions must be met, or businesses will be forced to classify the worker as an employee or forgo the contract all together.

This new test would exclude thousands of workers from being classified as independent contractors. It would drive economic instability throughout communities and industries across California by forcing thousands in our state’s workforce out of their chosen career paths. This would be life altering for many of us who have never known another career. Many of us chose our careers because of the independence, flexibility and freedom of choice they provide. We depend on these key benefits to allow for time to take care of our families, pursue artistic endeavors, or to make extra money.

Independence is in my blood. My family has worked in the independent distributor business for more than 45 years, and thirty years ago, I took over the family business. My parents came here from Mexico and first started a distributorship. We then took over their business and I have built my distributorship as a business. I’ve made my own hours and have had the flexibility to make my own decisions day to day and to take care of my family. To be uprooted at this point in my career and life would be devastating both personally and financially.

Many people are forced out of their careers to start anew due to rapidly changing technology or their age. The only threat I face is this court decision. I have built my life around working independently, and if that were to be taken away from me now, I’m not sure what I could do. The Dynamex decision threatens to upend my life and the lives of independent contractors across California.

California must adapt and grow with its changing workforce. The “ABC” test brought on by the Dynamex decision is like trying to fit a square peg into a round hole. California’s diverse and ever-changing workforce cannot be defined by such a narrow one-size-fits all approach.

I’m calling on the California Legislature to suspend the Dynamex decision and protect my right to work as an independent contractor. Together, with their constituents’ input, legislators can craft a new, more informed law that both protects California’s workforce and grows with it.

Albert Ramos is a Diamond Bar-based independent distributor with customers throughout Los Angeles County.

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