Hall

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MELISSA HALL, Case No. 3:21-cv-00926-WHO

Plaintiff,

ORDER ON MOTIONS FOR

v. SUMMARY JUDGMENT

CULTURAL CARE USA, et al., Re: Dkt. Nos. 57, 62, 68, 71 Defendants.

12 The plaintiffs in these consolidated putative class actions worked as local childcare coordinators (“LCCs”) who coordinated the work of individuals in the United States on “au pair” visas. Defendant Cultural Care, Inc. (“Cultural Care”), a sponsor for the program, classified the plaintiffs as independent contractors. The plaintiffs filed this suit alleging that they should have been classified as employees under California law. Both parties move for summary judgment on misclassification; the plaintiffs’ motion is granted and Cultural Care’s is denied. The parties’ central disagreement is which legal test for classification—the Borello test or the ABC test—applies. During the class period here, the law was settled that the ABC test, which is better for the…