On September 24, 2019, the U.S. Court of Appeals for the Ninth Circuit certified to the Supreme Court of California the question of whether that court’s landmark 2018 decision in Dynamex v. Superior Court should be applied retroactively. In May 2019, the Ninth Circuit, in Vazquez v. Jan-Pro Franchising International, Inc., held that Dynamex had retroactive effect; in July 2019, however, the appeals court withdrew that opinion and indicated that it would instead ask the California Supreme Court to decide this state-law matter.
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