What 9th Circ.'s Take On Dynamex Means For Calif. Employers

Law360 (May 20, 2019, 12:34 PM EDT) -- On May 2, 2019, the U.S. Court of Appeals for the Ninth Circuit issued its decision in Vazquez v. Jan-Pro Franchising International Inc., concluding that the California Supreme Court’s decision in Dynamex Operations West Inc. v. Superior Court of Los Angeles, in which the state’s high court announced a new independent contractor test for California employers, should be applied retroactively. While not a surprise, the Ninth Circuit’s ruling should remind California employers not only of the significant hurdles presented with the new ABC test announced in the Dynamex case, but also of the potential exposure facing employers for misclassification of employees...

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