California Supreme Court issued a landmark decision that has affected employers in occupational fields and industries. Dynamex’s decision has redefined the relationship between workers and the organization, but it is now a major complication for employers. This is because the Court ruled out that only after meeting the specified criteria, workers can be classified as independent contractors and this decision is for the benefit of workers.

What is the ABC Test?

ABC Test is a standard that was adopted to classify workers as independent contractors or employees. The hiring entity should demonstrate that all three criteria are met to classify the worker as an independent contractor.  

  1. The worker is free from the direction and control of the employer. They are free to control when, where, and how to perform.
  2. The worker must work other than the usual course of the employer.
  3. The worker must have an establishment  in other occupations, businesses, or trade of the same

The above-stated ‘B’ requirement is the most problematic for the language industry. It is difficult for any language service provider to argue that an interpreter indulges in any work that is other than the hiring entity’s work.

Why Dynamex Ruling is creating havoc for LSPs?

Dynamex rule came into existence when the company was only busy saving money and taking advantage of workers. However, in the case of LSPs, there are valid reasons to tie up with independent contractors instead of hiring employees.

  • There are a number of languages that are required to be interpreted and if companies hire people for all the languages, it would not be cost-effective for the business.
  • Independent contractors are highly paid because of their education and skill.
  • Interpreters are useful for the language industry as per the language they provide, however, if the worker interprets uncommon language then the company needs them rarely.
  • Due to globalization, LSPs are not just a need, but they are a requirement.
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Moreover, if reclassification happens then a large number of workers (nearly a quarter of a million) suddenly hold employee positions in the companies and that will not be a good sign for the language industry and its recipients.  

Dynamex Ruling has a negative impact on the cost-effectiveness of LSPs and hinders their performance. It is becoming difficult to deal with. This may either increase the client’s cost or reduce the services provided. Due to these reasons, some companies are leaving the California market.

Future of LSPs with Dynamex Ruling

Dynamex Ruling is still affecting the LSP but it is important to know every detail and circumstance that is changing the situation. All LSPs should stand united and make efforts to convey to the government about the negative impact of this decision on the language industry. LSPs should aim at convincing the governments to make better laws that can be beneficial for this industry. These efforts can be a boon to language service providers.

So what do you think about the latest ruling? Will that affect the LSPs to a considerable extent? We would be glad to hear from you. Also, we appreciate this piece of information being shared so that more and more people can be aware of the ruling.