Tag: 2018 Dynamex decision
Applying Dynamex Retroactively Is Fundamentally Unfair
With this week’s federal appellate court decision, we can clearly see the fundamental unfairness of the retroactive application of the California Supreme Court’s Dynamex decision on classifying workers as employees or independent contractors. On Monday, September 20, the U.S. Court...
AB 5 Exemption Bill For Seasonal Live Theater Workers Given New Committee Assignment
An Assembly bill that would fracture AB 5 worker classifications by adding an exemption for seasonal live theater workers was assigned to the Assembly Labor and Employment Committee over the weekend. Assembly Bill 1227, authored by Marc Levine (D –...
Prop. 22 SEIU Lawsuit Should be Rejected by Courts
With the adoption of Proposition 22 by 58% of California voters on November 3, a new employment designation was created in California law for “app-based drivers.” Prop. 22 was placed on the ballot after Assembly Bill 5 was passed in 2019...
California Supreme Court Rules Dynamex Decision Is Retroactive
On January 14, the California Supreme Court ruled unanimously that its landmark Dynamex decision instituting the “ABC Test” for worker classification is retroactive. The high court wrote, “In concluding that the standard set forth in Dynamex applies retroactively — that...
CA Supreme Court Undermines Independent Worker Test Ruling it Retroactive
On Thursday the California Supreme Court ruled that the “ABC” test for finding independent contractors and workers under the AB 5 law is now to be considered retroactive. Under AB 5, the ABC test, first clarified in the 2018 Dynamex...