California's strict ABC test for independent contractor classification applies retroactively

The 9th Circuit recently held the California Supreme Court's landmark 2018 decision in Dynamex Operations West, Inc. v. Superior Court, which makes it significantly harder for companies to classify their workers as independent contractors, applies retroactively. Accordingly, Dynamex's stringent ABC test will be applied to independent contractor classification disputes under the California Wage Orders, even if the claims arose before the Dynamex decision was issued.

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