GERARDO VAZQUEZ et al., Plaintiffs and Appellants, v. JAN-PRO FRANCHISING INTERNATIONAL, INC., Defendant and Respondent., 10 Cal. 5th 944

Summary

HOLDINGS: [1]-The Supreme Court concluded that its decision in Dynamex Operations West, Inc. v. Superior Court, which sets forth the test for distinguishing employees from independent contractors, applies retroactively to all nonfinal cases that predate the effective date of the Dynamex decision. In so concluding, the Supreme Court relied primarily on the fact that Dynamex addressed an issue of first impression. It did not change a settled rule on which the parties below had relied. No decision prior to Dynamex had determined how the "suffer or permit to work" definition in wage orders should be applied in distinguishing employees from independent contractors. Particularly because it had not previously issued a definitive ruling on the issue addressed in Dynamex, the Supreme Court saw no reason to depart from the general rule that judicial decisions are given retroactive effect.