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Labor/Employment,
California Supreme Court

Jan. 29, 2021

Dynamex’s classification test applies retroactively

The California Supreme Court recently ruled that the "ABC test" applied Dynamex is retroactive.

Felix Shafir

Partner
Horvitz & Levy LLP

Appellate Law

Email: fshafir@horvitzlevy.com

Felix's practice focuses on the defense of class and representative actions.

For decades, California courts, regulators and businesses distinguished employees from independent contractors based upon a standard that came to be known as the "Borello test" -- named after S. G. Borello & Sons, Inc. v. Department of Industrial Relations, 769 P.2d 399 (Cal. 1989). But in Dyn...