How Did I Not See This Coming? Retroactive Application of Dynamex | Lewitt Hackman
To embed, copy and paste the code into your website or blog: On January 14, 2021, the California Supreme Court held that the ABC Test, as articulated in Dynamex, applies retroactively to claims under California’s Industrial Welfare Commission Wage Orders. ABC Test Background In 2018, in notable Dynamex Operations West, Inc. v. Superior Court, the California Supreme Court held that for purposes of compliance with California’s IWC wage orders, workers are presumed employees, unless the hiring entity proves ALL of the following under the so called “ABC” test: (A) the worker is free fro...
Source: jdsupra.com