Labor/Employment,
9th U.S. Circuit Court of Appeals
May 3, 2019
9th Circuit rules Dynamex is retroactive, offers guidance on B prong
The 9th U.S. Circuit Court of Appeals has ruled that last year’s California Supreme Court decision establishing a stringent, employee-presumptive test for independent contractors applies retroactively, along with guidance on how it should be applied.




The 9th U.S. Circuit Court of Appeals ruled Thursday that last year's state Supreme Court decision establishing a stringent, employee-presumptive test for independent contractors applies retroactively, along with guidance on how it should be applied.
It its unanimous opinion, the three-judge panel reasoned that since the state high court's $95
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