Calif. Supreme Court Takes 2nd Dynamex Retroactivity Case

Law360 (January 16, 2020, 7:10 PM EST) -- The California Supreme Court has agreed to hear another appeal asking whether its 2018 decision adopting a lower bar for proving employers misclassified workers as independent contractors applies retroactively.

The court on Wednesday accepted paratransit company San Gabriel Transit Inc.'s appeal of an October ruling by the Second Appellate District giving a driver another crack at class certification in a suit claiming the company shorted drivers on pay by misclassifying them as independent contractors. The intermediate court had said the California Supreme Court's Dynamex decision applies to claims that predate it, like those of the worker suing San Gabriel.

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