Duffey v. Tender Heart Home Care Agency, LLC, 31 Cal. App. 5th 232 (2019)

Nichelle Duffey sued Tender Heart Home Care Agency for employment-related wage and hour claims such as unpaid overtime under the California Domestic Worker Bill of Rights (“DWBR,” Cal. Labor Code §§ 1450, et seq.). The trial court granted Tender Heart’s motion for summary judgment after determining that Duffey was an independent contractor and not an employee under the “common law” test. The Court of Appeal reversed, holding that the trial court should have applied the legal standard set forth in the DWBR itself rather than California Supreme Court precedent from 1989 and that the statute creates a dispute of fact as to whether Duffey was an independent contractor or employee. The Court further held that there is a disputed issue of fact as to whether Tender Heart is a non-employer employment agency within the meaning of the statute.