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California Supreme Court Holds that Dynamex ABC Test Applies Retroactively

MSK Client Alert
January 20, 2021

On January 14, 2021, the California Supreme Court in Vasquez v. Jan-Pro Franchising, Inc., 2021 WL 127201 (Cal. Jan 14, 2021) held that its landmark April 2018 Dynamex decision for determining independent contractor status applies retroactively. This question was posed to the California Supreme Court by the Ninth Circuit after it withdrew its May 2019 holding that the Dynamex test applied retroactively.

In Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal. 5th 903, the California Supreme Court adopted the “ABC test” of which a company must satisfy all three parts to classify workers as independent contractors under California’s wage orders. Under the three-part test...

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