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Vazquez’s Retroactivity Holding Creates Unintended Consequences for Independent Contractors
California Labor & Employment Law Review - Volume 35, Issue 3
In its limited ruling in Vazquez v. Jan-Pro Franchising International,1 the California Supreme Court ordered its Dynamex ABC test2 to be applied retroactively to claims alleging misclassification of independent contractors under state wage orders. The Court thus “doubled down” on its position that this new test was simply an interpretation of the words “suffer or permit to work,” as used in the orders. At the same time, the Court paradoxically acknowledged that this language had not changed for “more than a century,” and had never before been held to require deviation from a standard “common law” analysis.
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