In the Law360 article titled “Battles Over California’s Dynamex Law Just Beginning,” Michael Warren discusses how California Assembly Bill 5 essentially broke up the issue of retroactive liability into different parts. He says the application of the ABC test would now be retroactive in some cases, and in others, the employer’s liability under the ABC test will start next year.
As it relates to the issue of retroactivity, Michael adds that AB5 is still unclear and explains that “The issue is going to be which labor codes are related to wage orders and which aren’t.”
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