This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

9th U.S. Circuit Court of Appeals,
California Supreme Court,
Labor/Employment

May 9, 2019

Vazquez ‘guidance’ throws future plaintiffs a bone or 2

The 9th Circuit does not explicitly tell the remanding district court how to rule. But it comes close by describing the appropriate analytical framework and populating it with the facts necessary to support a conclusion that Jan-Pro cleaners would be properly classified as employees.

Tamarah P. Prevost

Senior Associate
Cotchett, Pitre & McCarthy LLP

Email: tprevost@cpmlegal.com

Tamarah practices employment law, representing victims of racial discrimination, sexual harassment, and other civil rights abuses. She also maintains an active class action practice in antitrust and consumer rights litigation.

See more...

Most plaintiff employment lawyers are now intimately familiar with Dynamex, the California Supreme Court case setting the "ABC test" for classifying independent contractors as employees. On May 2 in Vazquez v. Jan-Pro Franchising Intern...