California’s Supreme Court Confirms the Retroactivity of the ABC Test Established in the 2018 Dynamex Decision

On January 14, 2021, the California Supreme Court decided Vazquez v. Jan-Pro Franchising International, Inc. The decision holds that the ABC test used to determine independent contractor versus employee status for purposes of California’s Wage Orders, announced in Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal.5th 903, applies retroactively. The California Supreme Court’s decision in Dynamex is described here. In Vazquez, the California Supreme Court affirmatively answered the...
By: Perkins Coie

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