Calif. Employer Strategies For Retrospective Data Collection

Law360 (June 3, 2019, 1:03 PM EDT) -- The U.S. Court of Appeals for the Ninth Circuit ruled on May 2 in the Vazquez v. Jan-Pro Franchising International, Inc. case that the Dynamex “ABC” test can be applied retroactively. As noted by legal experts,[1] the Vazquez decision could have significant ramifications for companies operating in California with independent contractors, because it could mean that the ABC test applies to periods of time before the standard was introduced. This new emphasis may result in employers seeking ways to collect retrospective data regarding their workforce. In this article, I highlight techniques to accomplish this.

The Dynamex ABC Test refers to the California Supreme Court’s decision in Dynamex...

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