Labor/Employment,
Civil Litigation,
California Supreme Court
Jan. 24, 2020
Janitorial workers urge state Supreme Court to apply Dynamex retroactively
In an opening brief, plaintiffs’ attorneys argued Dynamex should be retroactively applied in wage-and-hour violations as well as when franchisees are misclassified as independent contractors rather than employees, when additional entities serve as joint employers and when claims are bought under state labor code section 2802 for work-related expenses.
Attorneys for a group of janitorial workers alleging misclassification laid out their case to the state Supreme Court, arguing the three-prong "ABC" test adopted in Dynamex not only should apply retroactively, but its interpretation be broadened.
In an opening brief filed Wednesday, plaintiffs' attorney Shannon Liss-Riordan of Boston-based Litchen & Liss-Riordan, PC argued Dynamex should be ...
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