California’s Top Court Takes Dynamex Retroactivity Question (1)

The California Supreme Court is poised to decide whether the test it created making it harder for employers to classify workers as contractors should apply retroactively, potentially setting up companies for wider liability under the new rigid standard.

The U.S. Court of Appeals for the Ninth Circuit asked the state high court to clarify its 2018 decision in Dynamex Operations West, Inc. v. Superior Court, which created the test that has roiled employers in the state that rely on contractors, as opposed to employees. The state high court agreed Nov. 21 to take up the question and will settle ...