Daily Labor Report®

Full 9th Cir. Denies Rehearing in Dynamex Retroactivity Case

Nov. 8, 2019, 4:46 PM

Jan-Pro Franchising International Inc., a commercial cleaning franchiser, lost its bid for full Ninth Circuit review of its ruling that California’s new worker classification test applies retroactively and extends to the franchiser-franchisee relationship.

Now, California businesses and workers look to the state’s high court to definitively decide if the landmark Dynamex ruling applies to cases that were pending when it was issued in 2018.

The California Supreme Court adopted the ABC test, a new legal standard for determining whether a California worker is an independent contractor or an employee, in 2018’s Dynamex Operations West, Inc. v. Superior Court. Earlier...

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