Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal.5th 903 ane the ABC test it adopted for distinguishing employees from independent contractors for purposes of IWC wage orders applies retroactively to all cases pending on the date Dynamex became final. Since Dynamex decided an issue of first impression, no one could reasonably have relied on the prior uncertain state of the law. S.G. Borello & Sons v. Department of Industrial Relations (1989) 48 Cal.3d 341 which adopted a different test for distinguishing employees from independent contractors did not address IWC wage orders. Public policy and fairness concerns, such as protecting workers and benefitting businesses that comply with the wage order obligations, favor retroactive application of Dynamex.