Dynamex – ManagEase

Posts

California: AB 5 Updates for Independent Contractors

February 10, 2020/0 Comments/in HR Alerts /by ManagEase

APPLIES TO

All Businesses with CA Independent Contractors

EFFECTIVE

As Indicated

QUESTIONS?

Contact HR On-Call

(888) 378-2456

On January 1, 2020, AB 5 went into effect. It essentially codified the ruling in Dynamex Operations West, Inc. v. Superior Court, which implemented an ABC test for determining whether a worker is an employee or an independent contractor. However, the bill also broadened the application of the ABC test and add a slew of exemptions for certain types of workers under certain circumstances.

Ninth Circuit: The Dynamex Independent Contractor Test Applies Retroactively

June 17, 2019/0 Comments/in HR Alerts /by ManagEase

APPLIES TO

All Employers with CA Employees

EFFECTIVE

May 2, 2019

QUESTIONS?

Contact HR On-Call

(888) 378-2456

In Vazquez v. Jan-Pro Franchising, Inc., the Ninth Circuit stated that the California Supreme Court Dynamex decision applies retroactively. Specifically, Dynamex created the ABC test for determining whether an individual is an independent contractor for purposes of state wage and hour laws. Unfortunately, at the time, the California Supreme Court did not indicate whether or not Dynamex was to apply retroactively. Now, the Ninth Circuit has officially answered that question.