logo
    • News
    • Classifieds
    • Free Subscription
    • Book Store
    • Submit
      • Submit a Classified Ad
      • Submit an Educational Announcement
      • Submit a letter to The Editor
    • Past Issues
    • Regional Trade Shows
    • Testimonials
    • Contact
    • News
    • Classifieds
    • Free Subscription
    • Book Store
    • Submit
      • Submit a Classified Ad
      • Submit an Educational Announcement
      • Submit a letter to The Editor
    • Past Issues
    • Regional Trade Shows
    • Testimonials
    • Contact
News
February 28, 2021
Calif. Supreme Court rules Dynamex retroactive

California Supreme Court Rules Dynamex Applies Retroactively In a January 2021 California Supreme Court decision, the Court held that Dynamex applies retroactively.

The Dynamex decision, which was codified by Assembly Bill 5, enacted the three-part ABC test to determine the eligibility of an individual or business to be considered an independent contractor.

In January, the Supreme Court issued a decision in the Vazquez v. Jan-Pro Franchising International, Inc. case that Dynamex does apply retroactively.

In the decision, Chief Justice Tani Cantil-Sakauye wrote, “Public policy and fairness concerns, such as protecting workers and benefitting businesses that comply with the wage order obligations, favor retroactive application of Dynamex.”

In Vazquez, the plaintiffs were individual employees; they alleged Jan-Pro Franchising developed a “threetier” franchising model to misclassify them as independent contractors to avoid paying minimum wages and overtime. In the “three-tier” model, individual employees contract with intermediary entities who sell Jan-Pro business plans and individual franchises to them. However, Jan-Pro retains the right to enforce any agreement between the intermediary entity and the individual franchisee.

In considering this case, the California Supreme Court grappled with the issues decided in the Dynamex case. Specifically, in the Dynamex decisions, the Court held that one of the definitions of “employ” is to “suffer or permit to work” and “any worker who performs work for a business is presumed to be an employee who falls within the protections afforded by a wage order.” The Court set up the ABC test to determine whether a worker can be classified as an independent contractor.

Jan-Pro argued they could not have anticipated a decision on Dynamex that distinguished between employees and independent contractors for any obligations imposed by a wage order; therefore, the ABC test should not apply retroactively. However, the Court noted the Dynamex ruling did not change any settled rule and, for purposes of public policy and fairness for businesses that comply with wage order obligations, favored retroactive application.

POLITICO reported this decision to apply Dynamex retroactively would mean many companies, including the proponents of Prop 22, could have to pay retroactive wage claims.

Although Prop 22 passed, it does not provide retroactive protection.

To see how the Dynamex decision and AB 5 apply to you, the California Pool and Spa Association has created a detailed backgrounder of current independent contractor law.

The Association also has several webinars on the topic available to members at the website www.thecpsa. org.

LATEST NEWS
Homes with pools raise price and sell speed
News
Homes with pools raise price and sell speed
Demand for houses with swimming pools remains strong in warm weather states
June 30, 2025
By Marcelle Dibrell As summer begins to heat up, so does the U.S. housing market — though not evenly across the board. Buyers and sellers are navigati...
this is a test
News
Final summer survey results tallied
June 30, 2025
Each year, Service Industry News takes the pulse of the pool and spa service sector through our comprehensive survey, and in this final installment of...
this is a test
during the pandemic peak. This ….
News
during the pandemic peak. This ….
June 30, 2025
during the pandemic peak. This has resulted in a widening gap between buyers and sellers. According to Redfin, there are approximately 1.9 million sel...
this is a test
News
Chem exposure sends 5 to hospital
June 30, 2025
Several patrons at a residential community swimming pool in Apache Junction, Arizona, were sent to the hospital following a hazardous materials incide...
this is a test
News
New Jersey city pool workers arrested
June 30, 2025
A group of municipal pool workers in New Jersey has been arrested for allegedly stealing chemicals from the Secaucus town pool to support their privat...
this is a test
Gators swim to escape heat wave
News
Gators swim to escape heat wave
June 30, 2025
As summer heats up across the South, pool technicians are being reminded that it’s not just algae or cloudy water that can cause a service delay. Some...
this is a test
Read Our Newsletter
ePaper
coogle_play
app_store
Free Subscription
View Current Print Ads
Educational Announcements
Aquatic Training Institute

Educational Leverage

Foundation For Pool Industry Education

Locey Pool

Pool Chemistry Training Institute

Pool & Hot Tub Alliance

Portofino University

Underwater Pool Masters
Trade Show Dates
  • The International Pool Spa Patio Expo
    Nov. 12-14, Dallas, Texas
  • The Pool and Spa Show
    Jan. 28-30, Atlantic City, New Jersey
  • 35th Annual National Plasterers Conference
    Feb. 26-28, Lake Buena Vista, Florida
  • The Southwest Pool and Spa Show
    Feb. 4-8, Houston, Texas
  • The Western Pool and Spa Show
    Feb. 6-8, Long Beach, California
Books to Order
About Us Terms of Use Privacy Policy
We use cookies to ensure that our website gives you the best experience possible. By continuing to use this website, you agree to this use of cookies.OK