California Supreme Court Applies Dynamex Independent Contractor Test Retroactively
The California Supreme Court has concluded that the ABC Test it developed for determining whether a worker is an independent contractor or employee applies retroactively. Therefore, the ABC Test, first developed in the Court’s Dynamex decision, applies to California wage and hour claims implicating a time period prior to issuance of the Dynamex decision on April 30, 2018.
The Court reasoned that retroactive application was appropriate because California generally applies judicial decisions retroactively and…