Retroactivity. On the same day, the Court of Appeals for California's Second Appellate District became the second court to analyze whether the Dynamex decision is retroactive and conclude that it is. 1 In Gonzales v. San Gabriel Transit, Inc., the appeals court determined that Dynamex applied retroactively to claims by drivers for a transportation company that they were misclassified as independent contractors and thus entitled to damages under state wage and hour laws. The court remanded the case to the lower court to determine which of the numerous wage and hour claims brought by plaintiffs were cognizable under Dynamex and subject retroactively to the ABC test. Earlier this year, the U.S. Court of Appeals for the Ninth Circuit became the first court to hold that Dynamex applied retroactively, causing confusion and much consternation for employers state-wide.