Richard Reibstein, a Partner in Locke Lord’s Labor and Employment Practice in New York and Co-Chair of the Firm’s Independent Contractor Misclassification and Compliance Practice, was quoted in a Bloomberg Law article examining the wide reach of the Ninth Circuit’s decision that a blockbuster 2018 California Supreme Court ruling, which created a strict standard for determining who is an employee or independent contractor for certain types of wage claims, will be applied retroactively to all pending cases and future disputes. The legal test was created last year by the California Supreme Court in Dynamex Operations West, Inc. v. Superior Court. Reibstein noted that some companies may have alternatives besides turning contractors into employees, and said: “The Ninth Circuit’s decision, even if the reasoning is subject to question, is now the law in the federal courts determining independent contractor status under California law for so-called ‘wage order’ claims.”
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