Civil Litigation,
Labor/Employment,
California Supreme Court,
9th U.S. Circuit Court of Appeals
Oct. 30, 2019
The debate over Dynamex’s retroactivity heads to the California Supreme Court
The law does not favor retroactivity; but how the court will rule is unclear.
Felix Shafir
Partner
Horvitz & Levy LLP
Appellate Law
Email: fshafir@horvitzlevy.com
Felix's practice focuses on the defense of class and representative actions.
Jacob M. McIntosh
Appellate Fellow
Horvitz & Levy LLP
Jacob is part of Horvitz & Levy LLP's Appellate Fellowship Program and participates in a variety of projects including the drafting of briefs in the 9th Circuit, performing case-related legal research, and developing articles for publication.
For decades, California courts and employers distinguished between independent contractors and employees using a flexible, multi-factor test articulated by the California Supreme Court in S. G. Borello & Sons, Inc. v. Department of Industrial Relations, 769 P.2d 399 (Cal. 1989). Last year, however, in Dynamex Operations ...
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