Dynamex decision – California Globe

Applying Dynamex Retroactively Is Fundamentally Unfair

September 22, 2021 4:05 pmSeptember 22, 2021 5:07 pm

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...

In Defense of AB 5

April 7, 2021 2:30 amApril 6, 2021 7:00 pm

While I am not a fan of California’s approach to the classification of workers in this state, I feel an obligation to correct the misunderstanding that continues to be perpetuated about AB 5 and its impact on independent contractors. AB...

California Supreme Court Rules Dynamex Decision Is Retroactive

January 15, 2021 7:02 amJanuary 15, 2021 7:05 am

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

January 15, 2021 2:25 amJanuary 16, 2021 10:35 am

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...

AB 25: Back to Borello Factors for Independent Contractors

December 9, 2020 4:40 amDecember 9, 2020 6:38 pm

On December 7, the first day of the California Legislature’s 2021-22 Session, Assemblyman Kevin Kiley introduced Assembly Bill 25, which would repeal AB 5/AB 2257 and codify the Borello case factors in California law for purposes of determining worker classifications...

AB 5 ‘Fix:’ New Exemptions Added to California’s Independent Contractor Law

September 14, 2020 2:20 pmSeptember 15, 2020 11:31 am

As many are aware, Assembly Bill 2257, by Assemblywoman Lorena Gonzalez (D-San Diego), was signed by Governor Gavin Newsom on September 4 as Chapter 38. As an urgency measure, the statute took effect immediately. AB 2257 repealed Labor Code Section...