Flurry Of Recent Developments On The Dynamex Front

It's been tough to keep up with developments concerning the fallout from the Dynamex case and California's new ABC test for determining employee/independent contractor status.  The past few months have seen several recent regulatory and judicial developments, while high-stakes negotiations over legislative relief continue in Sacramento.

9th Circuit Says Dynamex And ABC Test Should Apply Retroactively

On May 2, the 9th Circuit Court of Appeals rejected the call from businesses to apply Dynamex only on a go-forward basis, clearing the way for retroactive application of the new standard. That ruling created headaches not only for businesses in the gig economy but for just about any business that utilizes contract labor. In a longstanding misclassification battle against a janitorial franchising operation, the appeals court ruled in favor of the workers and concluded that the ABC test should be applied to the case that has been ongoing since 2008.