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Epstein Becker & Green

The Gig Continues: California Supreme Court Upholds Proposition 22

Epstein Becker & Green on

On July 25, 2024, the California Supreme Court issued its long-awaited ruling in Castellanos et al., v. State of California and Protect App-Based Drivers and Services, et al., upholding the 2020 voter initiative known as...more

Akin Gump Strauss Hauer & Feld LLP

California Supreme Court May Address Questions Left from Viking River Cruises in 2023

On July 20, 2022, the California Supreme Court granted review in Adolph v. Uber Technologies, Inc., Cal. Ct. App. Case No. G059860, which indicates that it may intend to address the questions of state law addressed by the...more

ArentFox Schiff

Ninth Circuit Rules California’s AB5 Will Apply to Motor Carriers

ArentFox Schiff on

The Ninth Circuit Court of Appeals has issued a long-awaited decision on the question of whether AB5, California’s strict independent contractor misclassification statute, may be applied to motor carriers, or whether the...more

Proskauer - California Employment Law

California Employment Law Notes - March 2021

Trial Court Properly Dismissed Employee’s CFRA And Disability Discrimination Claims - Choochagi v. Barracuda Networks, Inc., 60 Cal. App. 5th 444 (2021) - George Choochagi worked as a technical support manager for...more

CDF Labor Law LLP

Proposition 22 Challenged in Oakland State Court

CDF Labor Law LLP on

Last November, California voters convincingly (almost 60% supporting) enacted Proposition 22.  This Proposition was a well-funded effort that allows gig drivers working for companies like Uber, Lyft and Doordash to avoid the...more

Foley & Lardner LLP

California Supreme Court Rules Dynamex Decision Applies Retroactively | Newsletters | Legal News: Distribution & Franchise

Foley & Lardner LLP on

The California Supreme Court has followed up on its groundbreaking decision in Dynamex Operations West Inc. v. Superior Court, 4 Cal.5th 903 (2018), which imposed the so-called “ABC Test” for determining whether a worker is...more

K&L Gates LLP

The Past Looks like the Present: The California Supreme Court Determines that the Dynamex Decision on Independent Contractor...

K&L Gates LLP on

On 14 January 2020, the California Supreme Court held that its earlier landmark decision setting forth the definitive rule for independent contractor classification, Dynamex Ops. W. Inc. v. Superior Court, 416 P.3d 1 (2018),...more

Alston & Bird

The California Supreme Court Holds That Its Worker Classification Decision in Dynamex Is Retroactive

Alston & Bird on

Looking back, the California Supreme Court doubles down on its decision to retroactively impose the state’s ABC test for workers. Our Labor & Employment Group delves into what the future holds for employers, employees, and...more

Fenwick & West LLP

Supreme Court Rules Dynamex ABC Test is Retroactive

Fenwick & West LLP on

The California Supreme Court held on January 14, 2021, that its landmark Dynamex decision, which established a rigid standard under California law for companies to classify workers as independent contractors, and later was...more

Perkins Coie

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

Perkins Coie on

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...more

Polsinelli

California Supreme Court Holds “ABC Test” For Independent Contractors Applies Retroactively

Polsinelli on

On January 14, 2021, the California Supreme Court held that the “ABC Test” for classifying workers as independent contractors applies retroactively.  The high court first articulated this standard, which makes it tougher for...more

FordHarrison

Misclassification Liability in the Rear-View Mirror May Be Greater Than It Appears: Cal Supremes Say Dynamex "ABC Test" Applies...

FordHarrison on

It was quite a week for the gig economy in California. This is the second of a two-part update; last week we reported on a union- and driver-led California Supreme Court challenge to Proposition 22, the November 2020 voter...more

Proskauer - Employee Benefits & Executive...

California Independent Contractor Classification Becomes Even More Thorny, as California Supreme Court Holds Strict ABC Test...

On January 14, 2021, the California Supreme Court decided, at the request of the Ninth Circuit, that its decision in Dynamex Operations West, Inc. v. Superior Court, 4 Cal.5th 903 (2018) applies retroactively. See our...more

Littler

California Supreme Court Reaffirms that ABC Test is Retroactive

Littler on

On January 14, 2021, the California Supreme Court held in Vazquez v. Jan-Pro Franchising Int'l, Inc. that the ABC test for determining worker classification fashioned in its groundbreaking decision, Dynamex v. Superior...more

Holland & Knight LLP

California Supreme Court: ABC Test for Contractors Applies Retroactively

Holland & Knight LLP on

The California Supreme Court in Vazquez v. Jan-Pro Franchising International, Inc. ruled on Jan. 14, 2021, that its decision in Dynamex Operations West, Inc. v. Superior Court 4 Cal. 5th 903 (2018) (Dynamex), applies...more

Benesch

California Supreme Court Affirms that the Dynamex “ABC Test” for Independent Contractor Classification Applies Retroactively

Benesch on

On January 14, 2021, the California Supreme Court in Vasquez v. Jan-Pro Franchise International, Inc. held that the three-part “ABC” test previously set forth in Dynamex Operations West Inc. v. Superior Court also applies...more

Proskauer - California Employment Law

The ABCs of Independent Contractor Classification: California Supreme Court Holds Strict Independent Contractor Test Applies...

On January 14, 2021, the California Supreme Court decided, at the request of the Ninth Circuit, that its decision in Dynamex Operations West, Inc. v. Superior Court, 4 Cal.5th 903 (2018) applies retroactively. Vazquez v....more

Stokes Wagner

California Supreme Court Holds Dynamex ABC Test Applies Retroactively

Stokes Wagner on

On Thursday, the California Supreme Court ruled that California’s “ABC” test for determining independent contractor status applies retroactively. As a result, employers may be held to a standard not even in effect at the time...more

Payne & Fears

California Supreme Court Holds That Dynamex Applies Retroactively

Payne & Fears on

Today, in responding to a certified question from the United States Court of Appeals for the Ninth Circuit, the California Supreme Court held in Vazquez v. Jan-Pro Franchise International, Inc., S258191 (2020) that the...more

CDF Labor Law LLP

California Supreme Court Affirms That The Dynamex (A-B-C) Test Applies Retroactively

CDF Labor Law LLP on

Since April 2018, when the California Supreme Court issued its Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018) decision, which radically changed the way in which courts differentiated between an...more

Fisher Phillips

Worker Advocates File Suit To Toss California’s Gig Economy Law

Fisher Phillips on

Just two months after 58% of Californians voted it into effect and not even one month after it became law of the state, a group of workers and a major union have filed suit to overturn the results of Proposition 22, the...more

Dorsey & Whitney LLP

California Supreme Court Finds that Dynamex Decision Regarding the Standard for Worker Classification Applies Retroactively

Dorsey & Whitney LLP on

Employers have continued to feel the impact of the 2018 California Supreme Court decision in Dynamex Operations West Inc. v. Superior Court of Los Angeles County, 4 Cal.5th 903 (2018). Today, the California Supreme Court in...more

McManis Faulkner

Does the New ABC Test Apply Retroactively? Stay Tuned for Answers

McManis Faulkner on

By now, you should all know about California’s Dynamex Operations West, Inc. v. Superior Court decision, which was the impetus for changing the state’s worker classification law. If you need a refresher on Dynamex and the ABC...more

Davis Wright Tremaine LLP

California Legislature Passes Sweeping Clean-Up Bill to AB 5

On September 4, 2020, Governor Gavin Newsom signed Assembly Bill 2257 (AB 2257), the eagerly anticipated “clean up” legislation revising Assembly Bill 5 (AB 5), California’s stringent independent contractor law. AB 5 wrote...more

Littler

California Supreme Court Grants Review of Dynamex Retroactivity – Again

Littler on

On Wednesday, January 15, 2020, the California Supreme Court agreed to review a second case raising questions as to the scope and retroactivity of its landmark 2018 Dynamex decision....more

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