Skip to content
CapRadio

CapRadio

signal status listen live donate
listen live donate signal status
listen live donate signal status
  • News
    • topics
    • State Government
    • Environment
    • Health Care
    • Race and Equity
    • Business
    • Arts and Lifestyle
    • Food and Sustainability
    • PolitiFact California
  • Music
    • genres
    • Classical
    • Jazz
    • Eclectic
    • Daily Playlist
  • Programs + Podcasts
    • news
    • Morning Edition
    • All Things Considered
    • Marketplace
    • Insight With Vicki Gonzalez
    • music
    • Acid Jazz
    • At the Opera
    • Classical Music
    • Connections
    • Excellence in Jazz
    • Hey, Listen!
    • K-ZAP on CapRadio
    • Mick Martin's Blues Party
    • Programs A-Z
    • Podcast Directory
  • Schedules
    • News
    • Music
    • ClassicalStream
    • JazzStream
    • Weekly Schedule
    • Daily Playlist
  • Community
    • Events Calendar
    • CapRadio Garden
    • CapRadio Reads
    • Ticket Giveaways
  • Support
    • Evergreen Gift
    • One-Time Gift
    • Corporate Support
    • Vehicle Donation
    • Stock Gift
    • Legacy Gift
    • Endowment Gift
    • Benefits
    • Member FAQ
    • e‑Newsletter
    • Drawing Winners
    • Thank You Gifts
  • About Us
  • Contact Us
  • Close Menu
 We Get Support From:
Become a Supporter 
 We Get Support From:
Become a Supporter 
  • State Government
  •  

California Workers Could Sue Over Past Misclassification After Federal Court Says ‘Dynamex’ Applies Retroactively

  •  Scott Rodd 
Wednesday, May 8, 2019 | Sacramento, CA
Richard Vogel / AP Images

In this Tuesday, Jan. 12, 2016, file photo, a driver displaying Lyft and Uber stickers on his front windshield drops off a customer in downtown Los Angeles.

Richard Vogel / AP Images

A new federal court decision could make businesses around the state vulnerable to increased legal risk for misclassifying workers in the past.

On Thursday, the U.S. Court of Appeals for the Ninth Circuit ruled that workers who believe they should have been classified as employees, as opposed to independent contractors, can file legal claims against companies retroactively under the “Dynamex” standard.

Last year, the California Supreme Court issued a decision that narrowed the definition of who is an independent contractor, commonly referred to as the “Dynamex” case.

Claims for misclassification can be filed for things like unpaid overtime and out-of-pocket expenses for benefits over the past four years. Workers can file claims going back four years.

Lukas Clary, a shareholder at the Sacramento law firm Weintraub Tobin, said the recent federal court decision may prove costly for businesses.

“When you multiply those numbers over a three-to-four-year period across the segment of the workforce that were classified as contractors, it can be huge exposure to a business,” he said.

Caitlin Vega, legislative director at the California Labor Federation, says the decision is a win for workers. The Labor Federation came out in strong support of the Dynamex decision and has supported Assembly Bill 5, which would codify it in state law.

But Vega says the federal court ruling doesn’t necessarily mean legal trouble for businesses.

“Our hope is that we will see not more litigation but more compliance with the law,” Vega said.

Another bill, Assembly Bill 71, would revert to the old standard for determining who is an independent contractor.


Follow us for more stories like this

CapRadio provides a trusted source of news because of you.  As a nonprofit organization, donations from people like you sustain the journalism that allows us to discover stories that are important to our audience. If you believe in what we do and support our mission, please donate today.

Donate Today  

    Related Stories

  • AP Photo/Charles Rex Arbogast

    Postmates — Like Uber And Lyft — Is Working With California Labor Groups To Keep Independent Contractors. Critics Aren’t Sold.

    Friday, June 14, 2019
    The gig economy giants, who use independent contractors instead of employees, have long opposed efforts to unionize their workforce. But a California Supreme Court decision and looming state legislation are forcing them to change course.
  • Jessica Paterson / Flickr

    California Business Groups Willing To Back ‘Dynamex’ Bill — In Exchange For Exemptions

    Monday, April 1, 2019
    The coalition of influential business groups is asking for broader exemptions for professionals beyond those already agreed to for doctors and insurance agents.
  • Photo courtesy of Edhuar Arellano

    As Gig Companies Beg For Relief From Pro-Labor Supreme Court Ruling, The Lobbying Is Fast And Furious

    Saturday, August 25, 2018
    Lobbyists for ride-hailing companies and the California Chamber of Commerce are scrambling to delay until next year (and the next governor's administration) a far-reaching California Supreme Court decision that could undermine the gig economy.

Scott Rodd

State Government Reporter

Scott Rodd previously covered government and legal affairs for the Sacramento Business Journal. Prior to the Business Journal, Scott worked as a freelance reporter in Los Angeles and Washington, D.C.  Read Full Bio 

 @SRodd_CPR Email Scott Rodd

Sign up for ReCap and never miss the top stories

Delivered to your inbox every Friday.

 

Check out a sample ReCap newsletter.

Thanks for subscribing!

Thank you for signing up for the ReCap newsletter! We'll send you an email each Friday with the top stories from CapRadio.

Browse all newsletters

More State Government Stories

Rich Pedroncelli / AP Photo

California unemployment program too focused on fraud, failed to timely provide hundreds of millions of dollars, report finds

August 8, 2022

Damian Dovarganes / AP Photo

Fast food workers could get collective bargaining, better workplace standards under new legislation

August 9, 2022

Most Viewed

Northern California wildfires: Where to find updates on air quality, evacuations, and official information

California coronavirus updates: LA County moves out of high COVID-19 infection tier

Abortion is still legal in California. Here are answers to questions about access in the state.

Parties, stolen cars, a gun: 9 police complaints at Council member Sean Loloee’s disputed North Sacramento residence

Standard or daylight saving time? California changes its plans again after Congressional resolution.

We Get Support From:
Become a Supporter

Most Viewed

Northern California wildfires: Where to find updates on air quality, evacuations, and official information

California coronavirus updates: LA County moves out of high COVID-19 infection tier

Abortion is still legal in California. Here are answers to questions about access in the state.

Parties, stolen cars, a gun: 9 police complaints at Council member Sean Loloee’s disputed North Sacramento residence

Standard or daylight saving time? California changes its plans again after Congressional resolution.

Back to Top

  • CapRadio

    7055 Folsom Boulevard
    Sacramento, CA 95826-2625

    • (916) 278-8900
    • Toll-free (877) 480-5900
    • Email Us
    • Submit a News Tip
  • Contact Us

  • About Us

    • Contact Us / Feedback
    • Coverage
    • Directions
    • Careers & Internships
    • Mission / Vision / Core Values
    • Press
    • Staff Directory
    • Board of Directors
  • Listening Options

    • Mobile App
    • On Air Schedules
    • Smart Speakers
    • Playlist
    • Podcasts
    • RSS
  • Connect With Us

    •  Facebook
    •  Twitter
    •  Instagram
    •  YouTube
  • Donate

  • Listen

  • Newsletters

CapRadio stations are licensed to California State University, Sacramento. © 2022, Capital Public Radio. All Rights Reserved. Privacy Policy | Website Feedback FCC Public Files: KXJZ KKTO KUOP KQNC KXPR KXSR KXJS. For assistance accessing our public files, please call 916-278-8900 or email us.