Analysis

9th Circ. Decision May Mean 'Flood' Of Wage Cases

Law360 (May 2, 2019, 12:34 PM EDT) -- The Ninth Circuit said Thursday the California Supreme Court's landmark Dynamex decision making it harder for businesses to classify their workers as independent contractors applies retroactively, setting the stage for a potential spike in wage-and-hour suits.

The appeals court brushed off arguments that retroactively applying Dynamex's so-called ABC test "would sound the death knell for franchising in California," saying the case does not present an exception to the rule that the California Supreme Court's rulings apply going backward.

The ruling revived a wage case against cleaning franchisor Jan-Pro and remanded it to the Northern District of California to apply the recently...

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