After the California Supreme Court decided that Dynamex and its ABC test of employment for purposes of IWC wage orders applies retroactively, this 9th Circuit decision remands the case to the district court for further proceedings, giving extensive guidance to the district court in the process. First, the ABC test applies to a three tier franchising operation such as Jan-Pro’s. Second, the ABC test is not modified in the franchise operation. Patterson v. Domino’s Pizza, LLC (2014) 60 Cal.4th 474, which dealt with the franchisor’s liability for torts of a franchisee’s employee, does not apply to the very different context of liability for wage and hour regulations. Third, the “B” test may be the easiest to use to resolve this case, requiring the least additional evidence. If Jan-Pro is in the business of cleaning (rather than franchising), those who perform cleaning services, whether working for it directly or for its franchisees, may be “employees” under the ABC test.