Dynamex Operations W. V. Superior Court, 4 Cal. 5th 903

Dynamex Operations W. V. Superior Court, 4 Cal. 5th 903

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Specifically the “Unfair and unlawful business practices” and the “Labor Code Violations”

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Lee Charles—the sole named plaintiff in the original complaint in an underlying action—entered into a written independent contractor agreement with Dynamite to provide delivery services for Dynamite. According to Dynamite, Charles performed on-demand delivery services for Dynamite for a total of 15 days and never performed delivery service for any company other than Dynamite. Three months after leaving his work at Dynamite, Charles filed this lawsuit on his own behalf and on behalf of similarly situated Dynamite drivers.


The complaint alleges five causes of action arising from Dynamite’s alleged misclassification of employees as independent contractors: two counts of unfair and unlawful business practices in violation of Business and Professions Code section 17200, and three counts of Labor Code violations based on Dynamite’s failure to pay overtime compensation, to properly provide itemized wage statements, and to compensate the drivers for business expenses. The trial court’s initial order denied class certification and found for the defendant. Who wins on appeal?