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The Ninth Circuit Court of Appeals changed its mind and decided
to ask the California Supreme Court to decide whether the
California Supreme Court’s Dynamex decision should
be applied retroactively.
In April 2018, the California Supreme Court issued its decision
in Dynamex Operations West, Inc. v. Superior Court
of Los Angeles, where the court set a new standard for
determining whether a worker is an employee or an independent
contractor. The court declined to answer whether this new rule
applied retroactively.
The Ninth Circuit initially concluded the new Dynamex
standard did apply retroactively in its decision in Vasquez v. Jan-Pro Franchising International,
Inc., issued May 2. On July 22, the Ninth Circuit withdrew its opinion in Vasquez,
deciding instead to certify the question to the California Supreme
Court.
Once the question is certified to the California Supreme Court,
the court has up to 90 days to decide whether to take the case.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
