News & Analysis as of

Dynamex Gig Economy CA Supreme Court

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

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

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

Fisher Phillips

California Supreme Court Rules Dynamex’s ABC Test Is Retroactive

Fisher Phillips on

The California Supreme Court held Thursday that the ABC test announced in its landmark Dynamex decision – which makes it infinitely harder for businesses to classify workers as independent contractors – applies on a...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

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

ArentFox Schiff

California Trucking Industry Faces Continuing Legal Uncertainty After the California Court of Appeal Finds the Expanded AB 5 ‘ABC’...

ArentFox Schiff on

In the latest Chapter of the continuing saga of whether the Federal Aviation Administration Authorization Act (FAAAA) of 1994 preempts either California’s expanded Dynamex “ABC” test set forth in AB 5 or the recent statutory...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

Proskauer - California Employment Law

Adjusting To The “New Normal” With AB 5 – A World Without Independent Contractors

On January 1, 2020, California’s new worker classification law known as Assembly Bill 5 (“AB 5”), goes into effect. AB 5 codifies the three-factor “ABC” test adopted by the California Supreme Court in its 2018 Dynamex...more

Allen Matkins

Has California Made Directors Employees?

Allen Matkins on

On September 18, 2019, California Governor Gavin Newsom signed AB 5 into law effective January 1, 2020.  This legislation is intended to make it more likely that a worker will be classified as an employee. It effects this...more

Lewitt Hackman

Franchise 101: California Assembly Bill 5 (2019)

Lewitt Hackman on

California Governor Gavin Newsom signed into law Assembly Bill 5 (“AB-5”). AB-5 codifies into California’s Labor Code the “ABC test” for determining employee or independent contractor status, as adopted by the California...more

Snell & Wilmer

The Brave New World of Determining Independent Contractors in California

Snell & Wilmer on

California's Governor has signed into law a bill passed by the legislature amending Section 3351 of, and adding Section 2750.3 to the Labor Code and amending Section 606.5 and 621 of the Unemployment Insurance Code relating...more

FordHarrison

California Governor Signs AB 5

FordHarrison on

California Governor Gavin Newsom has signed AB 5, and the new law will take effect January 1, 2020. As discussed in our September 13 Alert, AB 5 codifies the existing “ABC Test” that was set forth by the California Supreme...more

Allen Matkins

California Enacts Another Risk Factor

Allen Matkins on

On September 18, Governor Gavin Newsom signed AB 5, a bill dealing with the classification of workers as employees or independent contractors. It will probably come as no surprise that the bill intended to make it more likely...more

Stoel Rives - World of Employment

California Codifies Dynamex – Now What?

On September 18, 2019, California Governor Gavin Newsom signed Assembly Bill (“AB”) 5, thereby codifying the California Supreme Court’s landmark decision in Dynamex Operations West, Inc. v. Lee. This represents the...more

Payne & Fears

Governor Signs AB5 Into Law — Reshaping California's Independent Contractor Classification Landscape

Payne & Fears on

Yesterday, Governor Gavin Newsom signed California Assembly Bill 5 (“AB5”), controversial legislation which will have a substantial impact on California employers when it goes into effect on January 1, 2020. ...more

A&O Shearman

California Codifies Employee Classification Standards

A&O Shearman on

On September 10, 2019, the California State Senate passed Assembly Bill 5 (AB 5) effectively requiring certain workers previously operating as independent contractors to be considered employees. Governor Gavin Newsom is...more

Proskauer - Employee Benefits & Executive...

Landmark Bill Passes: California Codifies “ABC” Test for Worker Classification

On Thursday, September 12th, the California State Assembly passed Assembly Bill 5 (“AB 5”), the controversial new law that codifies the three-factor “ABC” test introduced by the California Supreme Court in its 2018 Dynamex...more

Faegre Drinker Biddle & Reath LLP

Do You Have Independent Contractors in California?

If so, you should be on alert about California Assembly Bill 5 (AB5), a bill based on the California Supreme Court’s decision in Dynamex v. Superior Court. If it becomes law, AB5 will have wide-ranging repercussions for...more

Proskauer - California Employment Law

Uber, Lyft, and DoorDash Pledge $90 Million To Fund Voter Initiative To Overturn Assembly Bill 5

Assembly Bill 5, a proposed new law currently pending in the California legislature, would limit and codify last year’s California Supreme Court Dynamex opinion. If passed and signed into law by Gov. Newsom (he’s already said...more

Proskauer - Employee Benefits & Executive...

[Podcast]: Worker Classification after Dynamex, Not as Simple as ABC

In its 2018 decision in Dynamex Operations West v. Superior Court of Los Angeles County, the California Supreme Court upended decades of precedent by setting out a new, stringent, three-factor test to determine proper worker...more

Hogan Lovells

Press the Brakes: Ninth Circuit Withdraws Opinion and Leaves Dynamex’s Retroactivity Issue to California Supreme Court

Hogan Lovells on

The debate about whether the Dynamex decision applies retroactively is alive again thanks to a reverse course by the Ninth Circuit Court of Appeals.  As we previously discussed, in April 2018, the California Supreme Court...more

27 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide