Jul 23 2019 - Independent Contractor - Matthew J. Roberts, Esq.
Although the Ninth Circuit has made a U-turn, the California Supreme Court may still determine Dynamex applies retroactively.
The Dynamex saga is back for a sequel. In a brief yet temporary win for employers, the Ninth Circuit Court of Appeals depublished its Vasquez opinion.
Remember, in Dynamex Operations West v. Superior Court, the California Supreme Court adopted a new test, called the “ABC” test, for evaluating whether workers are properly classified as independent contractors.
As previously reported, the U.S Ninth Circuit then ruled that the ABC test applied retroactively (Vazquez v. Jan-Pro Franchising Int’l). This meant that federal courts should apply the test to all pending claims, regardless of when the claim originated. Even if employers legitimately relied upon and properly applied the law as it existed at the time, and the employers classified its workers as independent contractors, the federal courts could apply the new ABC test to all claims pending before them. Read More