The Dynamex “ABC” Test Applies To All Claims That Seek To Enforce Protections Under The Wager Orders, Including Labor Code Claims; It Is Also Retroactive.The Dynamex “ABC” Test Applies To All Claims That Seek To Enforce Protections Under The Wager Orders, Including Labor Code Claims; It Is Also Retroactive.

In Gonzales v. San Gabriel Transit, the Court discussed the retroactive nature of the recently adopted “ABC” test. In Dynamex Operations West v. Superior Court, the California Supreme Court adopted the test to determine if a worker is an employee or independent contractor. The Court held that the test is retroactively applicable to pending litigation on wage and hour claims. The Court also held that the test applies with equal force to Labor Code claims that seek to enforce the fundamental protections afforded by wage order provisions. With respect to statutory claims alleging misclassification not directly premised on wage order protections, and which do not fall within the generic category of wage and hour laws, those are appropriately analyzed under the test established in S.G. Borello and Sons v. Department of Industrial Relations.

For more information, or if you need legal assistance, please contact the Wagner Legal Group, P.C. at (310) 857-5293 or fill out our contact form on the website.