California High Court Asked About Retroactivity of Worker Ruling

Sept. 24, 2019, 6:56 PM

The Ninth Circuit Sept. 24 asked the Supreme Court of California to determine whether its landmark worker classification rule, announced in Dynamex Operations West, Inc. v. Superior Court, applies retroactively.

“If the court agrees to decide this question, we agree to accept its decision,” the U.S. Court of Appeals for the Ninth Circuit said. The state court retains discretion to decline the request.

If the California Supreme Court says that the test applies retroactively, wage and hour disputes that arose before 2018 could be decided using its stricter definition of independent contractors under state law. That could have a ...

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