9th Circuit Vacates, Remands Franchise Wage Case After Dynamex Ruling

Mealey's (February 3, 2021, 11:23 AM EST) -- SAN FRANCISCO — A Ninth Circuit U.S. Court of Appeals panel on Feb. 2, in light of the California Supreme Court’s recent ruling that Dynamex Operations West, Inc. v. Superior Court applies retroactively in nonfinal cases, issued an amended opinion vacating a summary judgment ruling for the franchisor in a wage complaint by janitors alleging misclassification and remanded for the district court to consider whether the janitors are employees under the Dynamex standard in the first instance....