November 30, 2020

Volume X, Number 335


California Supreme Court to Hear Oral Arguments on Retroactive Application of Dynamex

On November 3, 2020, while the rest of the country is focused on the 2020 election, the California Supreme Court will hear oral arguments in Vazquez v. Jan-Pro Franchising Int’l, Inc. to address an unanswered question stemming from the Court’s 2018 decision in Dynamex Operations West, Inc. v. Superior Court 4 Cal. 5th 905 (2018) – does the Dynamex decision apply retroactively?

In Dynamex, the California Supreme Court adopted the “ABC Test” for determining whether an individual is an employee or independent contractor under the state Industrial Welfare Commission Wage Orders, drastically changing the standards in California for the classification of workers as independent contractors. The court declined, however, to address whether the decision would apply retroactively to independent contractor classification decisions made prior to the case being decided. It appears that the Court is now ready to answer that question.

After Dynamex, the California legislature adopted and expanded the Court’s holding in Assembly Bill 5 (“AB 5”). While AB 5 specifically states that certain aspects of the law apply retroactively, the decision in Vasquez could affect the retroactive application of AB 5 as well.

Jackson Lewis P.C. © 2020National Law Review, Volume X, Number 300



About this Author

Erika Barbara Pickles Employment Litigation Jackson Lewis Sacramento, CA
Of Counsel

Erika Barbara Pickles is Of Counsel in the Sacramento, California, office of Jackson Lewis P.C. She represents employers in workplace law matters, including preventive advice and counseling.

Ms. Pickles has defended employers in employment litigation, class actions, and arbitrations. Her practice has involved the full range of workplace-related claims, including but not limited to: wage and hour; discrimination, harassment and retaliation; and wrongful termination. She also assists employers in investigating and responding to administrative complaints before...