9th Circ. Punts Retroactive Dynamex Ruling To Calif. Justices

Law360 (September 25, 2019, 9:29 PM EDT) -- The Ninth Circuit has asked the California Supreme Court to decide whether the justices' Dynamex decision applies retroactively, saying the state's highest court should clarify how to apply a new standard making it more difficult for employers to classify workers as independent contractors.

A three-judge panel of the federal appeals court on Tuesday certified a question to California's justices on whether the so-called ABC test that the California Supreme Court adopted in its April 2018 decision in Dynamex Operations West v. Superior Court of Los Angeles should be applied retroactively.

Given that the retroactivity issue has been heavily litigated since Dynamex...

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