Vazquez v. Jan-Pro Franchising International, Inc.
The Ninth Circuit vacated the district court's dismissal of a complaint brought by a putative class of plaintiffs against an international business that had developed a sophisticated three-tier franchising model. The panel held that Dynamex Ops. W. Inc. v. Superior Court, 416 P.3d 1 (Cal. 2018), which adopted the ABC test for determining whether workers are independent contractors or employees under California wage order laws, applies retroactively and that none of Jan-Pro's other efforts to avoid reaching the merits were viable. Therefore, the case was remanded for the district court to consider the case on the merits in light of Dynamex. View "Vazquez v. Jan-Pro Franchising International, Inc." on Justia Law