Quinn

Filed 5/10/23

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

JOHN QUINN, B313414

Plaintiff and Appellant, Los Angeles County Super. Ct. No. 20STCV06589 v.

LPL FINANCIAL LLC,

Defendant and Respondent.

APPEAL from a judgment of the Superior Court of Los Angeles County, David Sotelo, Judge. Affirmed. Clapp & Lauinger and James F. Clapp; Wynne Law Firm and Edward J. Wynne for Plaintiff and Appellant. Seyfarth Shaw, Jon D. Meer and Paul J. Leaf for Defendant and Respondent. ____________________ As a matter of constitutional law, we uphold a statute that retroactively governs worker classification. Statutory citations are to the Labor Code. I Distinguishing between employees and independent contractors has been a challenge for a long time. In a 1944 case about Los Angeles “newsboys,” the Supreme Court of the United States reviewed the “long and tortuous history” behind a then-reigning test, which was notoriously uncertain in application. (Board v. Hearst Publications (1944) 322 U.S. 111, 113, 120.) The Supreme Court bemoaned this uncertainty: “Few problems in the law have…