The Ninth Circuit, which in May held that the Dyamex test for independent contractor status determinations could be applied retroactively [1], has withdrawn that ruling and asked for the state’s Supreme Court to address the issue.
Dynamex refers to the California Supreme Court’s April 2018 decision in which it adopted the tougher ABC test for determining independent contractor misclassification. In May 2019, the US Court of Appeals for the Ninth Circuit ruled [1] that the classification test could be applied retroactively.
This week, the court withdrew that ruling [2], and asked the California Supreme Court to address whether the test can be applied retroactively.
The court cases continue as California lawmakers consider codifying the Dynamex decision. The state’s House has already passed Assembly Bill 5 [3], which writes into law the Dynamex standards. The legislation is under consideration in the state Senate.