Heavy Duty Trucking Logo
MenuMENU
SearchSEARCH

Trucking Group to Challenge California Supreme Court's Independent Contractor Ruling

The Western States Trucking Association plans to challenge a California Supreme Court ruling that it says will effectively end the use of trucking owner-operators in the state.

Deborah Lockridge
Deborah LockridgeEditor and Associate Publisher
Read Deborah's Posts
May 29, 2018
Trucking Group to Challenge California Supreme Court's Independent Contractor Ruling

 

4 min to read


The Western States Trucking Association plans to challenge a California Supreme Court ruling that it says will effectively end the use of trucking owner-operators in the state.

In the landmark Dynamex Operations West Inc. v. The Superior Court of Los Angeles County decision, the state Supreme Court ruled that certain workers, in particular transportation drivers, should be presumed employees instead of independent contractors when evaluating wage and hour classification in class action cases.

Ad Loading...

The court found that Dynamex, a courier and delivery service, had misclassified its couriers as independent contractors in order to cut costs. The court noted that "the misclassification of workers as independent contractors rather than employees is a very serious problem, depriving federal and state governments of billions of dollars in tax revenue and millions of workers of the labor law protections to which they are entitled."

The ABC Test

The court ruled that going forward, in order to be classified as an independent contractor, the burden of proof is on the company doing the classifying, to make sure the classification is proper under the newly adopted ABC test:

A: that the worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact;

Ad Loading...

B: that the worker performs work that is outside the usual course of the hiring entity’s business; and

C: that the worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed.

“Most legal analysis of the ruling agrees the ABC test sets an impossible standard for most of our members to meet,” said the WSTA in an announcement to members.

California transportation attorney Spencer Mynko wrote in a blog post that “California trucking companies who use independent contractor truck drivers are probably now breaking the law,” saying the state is now “probably the most hostile jurisdiction in the nation for independent contractor status.”

It’s Part B, Mynko said, that “may represent an insurmountable hurdle for trucking companies to satisfy…. trucking companies may try to make the pitch that when dealing with owner operators, they are acting more like brokers than trucking companies. But I think that argument has about a snowball’s chance in hell in California.”

Ad Loading...

Preempting Federal Regulations?

Current legislation at the federal level, known as the Denham Amendment, offered by Rep. Jeff Denham (R-CA) and two other lawmakers, would exempt carriers from complying with state laws that require employers to provide paid meal and rest breaks to employees. It also would preempt state rules on misclassification of truck drivers, Mynko said.

At issue is the concept of “preemption” of federal laws by the states. The preemption issue was thought to have been legislatively decided back in 1994 through passage of the Federal Aviation Authority Authorization Act, known as “F-4A.” And it’s this preemption issue that will be the basis of the Western States Trucking Association’s challenge, according to Joe Rajkovacz, director of governmental affairs and communications.

Rajkovacz told HDT that in 2016, another federal court, the First Circuit Court of Appeals, ruled in favor of trucking and delivery companies in a case challenging Massachusetts’ ABC test. That reinforced the preemption power of the FAAAA within the First Circuit, even when the state law at issue has only an indirect effect on prices, routes, or services.

Even if the Ninth Circuit Court of Appeals rules against the WSTA’s challenge, Rajkovacz said, the fact that two federal courts had ruled differently would set the case up as a potential issue to be heard by the U.S. Supreme Court.

"There’s not a lawyer worth his salt that doesn’t say this effectively ends the use of independent contractors in California," Rajkovacz said. "Without this kind of federal intervention it’s over for the use of owner-operators."

Ad Loading...

The impact of the ruling is already rippling outward like a large stone thrown into a lake. For instance, Rajkovacz said, language has been added to a recent bill that would hold retailers liable for employee misclassification adding the ABC test to the legislation.

More Drivers

PS Coach tablet interface showing a driver’s coaching inbox, safety event video and coaching advice for a harsh-braking event.
Fleet Management•by News/Media Release•October 21, 2026

Platform Science Adds Dispatch and Safety Tools

Four additions to PS Fleet help fleets monitor loads, manage driver coaching, share truck locations and adjust video system settings.

Read More →
Man with police badge on his arm by an open commercial truck door examining paperwork
Safety & Compliance•October 15, 2026

When Language Stops the Truck: The Return of ELP Out-of-Service Orders

English language proficiency rules for commercial drivers aren’t new, but renewed out-of-service enforcement has raised the stakes. Here’s what carriers need to know before a driver reaches a roadside inspection.

Read More →
Illustration of silver robot waving his hand and a Samsara AI prompt on screen to call drivers
Fleet Management•by Staff•October 13, 2026

Samsara Launches Custom AI Agent Builder

Agent Studio lets fleets create AI tools for hours-of-service monitoring, reporting and driver support, including agents that communicate by phone.

Read More →
Ad Loading...
Illustration of trucks parked in lot with Trucker Path app on phone screen superimposed on top
Drivers•by News/Media Release•October 6, 2026

Trucker Path Expands Reserved Parking Network

Trucker Path has added close to 6,000 more truck parking spaces to its Trucker Path Reserved Parking Network with the addition of Safe Truck Parking.

Read More →
photo of older driver standing with arms crossed with truck in the background, with a photo illustrating equal opportunity law inset upper left.
Drivers•by Staff•September 28, 2026

EEOC Sues Texas Trucking Company Over Driver Age Limits

The agency says Trancasa USA rejected applicants over 65 and applied tougher driving-record standards to those over 60.

Read More →
Red Nussbaum Class 8 tractor pulling white and red trailer with aero fairings and skirts
Drivers•by Staff•September 23, 2026

Nussbaum, Roehl Announce Second Driver Pay Increase This Year

This year has seen a swath of major truck driver pay increases as freight capacity has tightened.

Read More →
Ad Loading...
Photo of smiling truck driver Harold Perry with arms crossed in front of Southeastern Freight Lines truck
Drivers•September 17, 2026

From One Generation to the Next: How Mentorship Builds Safer Truck Drivers

After three decades in trucking, Harold Perry shares what he's learned about driver safety, mentorship, and helping the next generation build confidence behind the wheel.

Read More →
Illustration with driver behind the wheel, an alert sign, and a laptop
Drivers•by Lauren Fletcher•September 9, 2026

Truck Drivers Need More Than Another Alert

Fleets have more visibility into truck health, safety events, and driver activity than ever. The next challenge is turning all that information into useful guidance for the person who has to decide what to do next.

Read More →
Two men in jackets with Homeland Security indicated on the back, standing in a parking lot looking toward a building with trucks in front of it
Drivers•by Deborah Lockridge•September 1, 2026

FMCSA Removes 110 Truck Driver Training Schools from Certified ELDT List

Federal regulators also are targeting more than 160 additional training providers and launching a nationwide audit of third-party CDL skills testers as part of a broader crackdown on trucking fraud.

Read More →
Ad Loading...
Illustration of tired truck driver, electronic logging device, and traffic congestion

Hours of Service Pilot Programs: FMCSA Readies for 2027 Rollout

Two pilot programs could eventually reshape hours-of-service rules, giving truck drivers options to pause their 14-hour clock or use longer split sleeper rest periods.

Read More →