Ninth Circuit: The Dynamex Independent Contractor Test Applies Retroactively
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APPLIES TO All Employers with CA Employees |
EFFECTIVE May 2, 2019 |
QUESTIONS? Contact HR On-Call |
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.