Vazquez v. Jan-Pro Franchising Int’l, 2019 WL 1945001 (9th Cir. 2019)

Last year, the California Supreme Court in Dynamex Ops. W. Inc. v. Superior Court, 4 Cal. 5th 903 (2018), adopted the so-called “ABC test” for determining whether a worker is an employee or independent contractor and in so doing made it much more difficult for a hirer to properly classify a worker as an independent contractor. The ABC test requires the hirer to prove that the worker is: (A) free from the control and direction of the hirer; (B) performing work outside of the usual course of the hirer’s business; and (C) customarily engaged in an independently established trade of the same nature as the work performed. In Vazquez, the Ninth Circuit held that Dynamex should be applied retroactively to hiring arrangements that existed prior to issuance of the Dynamex opinion.

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Photo of Tony Oncidi Tony Oncidi

Anthony J. Oncidi heads the Labor & Employment Law Group in the Los Angeles office.

Tony represents employers and management in all aspects of labor relations and employment law, including litigation and preventive counseling, wage and hour matters, including class actions, wrongful termination, employee discipline, Title VII and the California Fair Employment and Housing Act, executive employment contract disputes, sexual harassment training and investigations, workplace violence, drug testing and privacy issues, Sarbanes-Oxley claims and employee raiding and trade secret protection. A substantial portion of Tony’s practice involves the defense of employers in large class actions, employment discrimination, harassment and wrongful termination litigation in state and federal court as well as arbitration proceedings, including FINRA matters.