Heavy Duty Trucking Logo
MenuMENU
SearchSEARCH

Supreme Court Turndown Not the End of California Independent Contractor Battle

On March 18, the U.S. Supreme Court declined to hear an appeal in a case involving the alleged misclassification of California owner-operator drivers as independent contractors rather than employees – but it's far from the end of the battle over employee misclassification in the state.

Deborah Lockridge
Deborah LockridgeEditor and Associate Publisher
Read Deborah's Posts
March 26, 2019
Supreme Court Turndown Not the End of California Independent Contractor Battle

The Port of Long Beach. California's ports are a main battleground in the state's battle over who is and who is not an independent contractor.

Photo by Jim Park

3 min to read


On March 18, the U.S. Supreme Court declined to hear an appeal in a case involving the alleged misclassification of California owner-operator drivers as independent contractors rather than employees – but it's far from the end of the battle over employee misclassification in the state.

Ad Loading...

The California Trucking Association had filed suit against California Labor Commissioner Julie A. Su, whose office has ruled that port truck drivers are misclassified as independent contractors.

Ad Loading...

In July of 2016, the CTA challenged what it called the California Labor Commissioner’s interference in motor carrier and owner-operator contractual relationships.

That suit challenged the state’s use and application of the common law Borello independent contractor test through two lawsuits in both state and federal courts.

The Borello test evaluates multiple factors to determine whether an individual was an independent contractor. Not all of the factors have to be met to establish independent contractor status, but the principal factor dealt with the company’s control over the contractor.

CTA’s contention in its federal legal challenge was that the Federal Aviation Administration Authorization Act preempts the Labor Commissioner from interfering in the contractual relationships between motor carriers and independent contractors. The FAAAA is a federal law Congress passed in 1994; a provision of that law prohibits states from enacting laws that affect a motor carrier's prices, routes and services.

In September of 2018, the Ninth Circuit Court of Appeals ruled against CTA, saying FAAAA did not preempt California’s Labor Commissioner from using a common law test to determine whether they were misclassified for purposes of the state’s labor laws. The ruling said that “Congress did not intend to preempt generally applicable state transportation, safety, welfare, or business rules that do not otherwise regulate prices, routes, or services.”

Ad Loading...

CTA took it to the U.S. Supreme Court, which declined to take the case.

The Teamsters union, which has been fighting to get drayage truckers at California’s ports reclassified as employees rather than contractors, praised the Supreme Court action.

“In rejecting the CTA’s appeal, the highest court in the land has effectively closed the case on predatory trucking companies’ efforts to dodge taxes and steal the hard-earned wages of drivers through a scheme that illegally classifies drivers as independent contractors,” said Fred Potter, director of the Teamsters Port Division. 

But there’s another, potentially even bigger case involving contractors still in the courts.

“While the Supreme Court’s decision to not review our case is disappointing, it is not altogether surprising given that the Court agrees to take less than 2% of the cases petitioning for a hearing,” said Shawn Yadon, CEO of the California Trucking Association, in a statement. “However, the misclassification issue and the ability for truckers to be independent contractors continues.”

Ad Loading...

Another lawsuit regarding California’s stance on trucking and independent contractors is still being litigated. In September of 2018, the CTA and two owner-operators filed a lawsuit on the application of the recently adopted “ABC” worker classification test as defined in the Dynamex decision. That case, California Trucking Association et al v. Becerra et al, continues to be litigated.

“We remain hopeful our current legal challenge to California’s more recent Dynamex ruling, which is an essential outright ban on independent contracting, will demonstrate to the court the dire impact the state’s quest to eliminate small-business trucking will have on interstate commerce.”

In a letter to CTA members, Yadon noted that in last September’s rejection of the Su case, the Ninth Circuit Court of Appeals stated the very recently adopted “ABC” test as outlined in Dynamex v. Superior Court was “likely preempted” by FAAAA. “This opinion led to a successful precedent in Alvarez v. XPO, the first district court case to find the Dynamex ‘ABC’ test preempted by the FAAAA,” he said.

More Drivers

Illustration of Department of Labor building, diesel technician at a computer, and driver training semi trailer
Driversby Deborah LockridgeMarch 10, 2026

Federal Proposal Would Allow Pell Grants for Shorter-Term Job Training

The Department of Labor plans to expand Pell Grant eligibility to some shorter workforce training programs, a move the American Trucking Associations said will help strengthen commercial driver training schools and diesel technician training programs.

Read More →
Illustration of truck owner operator and magnifying glass with the word "regulations"
Driversby Deborah LockridgeFebruary 26, 2026

Owner-Operator Model Gets Boost as DOL Proposes 2024 Independent Contractor Definition Reversal

For an industry that has watched this issue go back and forth for years, the independent contractor proposal marks the latest swing in the regulatory pendulum.

Read More →
 Truck with door open and enforcement officer talking to driver about ELD
DriversFebruary 26, 2026

FMCSA Reinstates Field Warrior ELD to Registered Device List

One electronic logging device has been reinstated to the FMCSA's list of registered ELDs.

Read More →
Ad Loading...
Photo of truck driver in yellow safety vest walking alongside tractor-trailer
Driversby Deborah LockridgeFebruary 25, 2026

How One Company is Using Smart Suspension Technology to Reduce Driver Injuries and Improve Retention

America’s Service Line adopted Link’s SmartValve and ROI Cabmate systems to address whole-body vibration, repetitive strain, and driver turnover. The trucking fleet is already seeing measurable results.

Read More →
Illustration with photos from some of the 2026 Best Fleets to Drive For honorees
Driversby News/Media ReleaseFebruary 24, 2026

CarriersEdge Announces 2026 Best Fleets to Drive For

The 18th annual contest recognizing the best workplaces for truck drivers sees changes to Top 20, Hall of Fame

Read More →
Illustration of driver students around trucks with distressed graphic elements and safety cones
Driversby Deborah LockridgeFebruary 19, 2026

FMCSA Targets 550+ ‘Sham’ CDL Schools in Nationwide Sting Operation

The Federal Motor Carrier Safety Administration issued more than 550 notices of proposed removal to commercial driver training providers following a five-day nationwide enforcement sweep. Investigators cited unqualified instructors, improper training vehicles, and failure to meet federal and state requirements.

Read More →
Ad Loading...
 Illustration showing a driver behind the wheel, DOT offices, and examples of problematic non domiciled CDL
Driversby Deborah LockridgeFebruary 18, 2026

DOT Alleges Illinois Issued Illegal Non-Domiciled CDLs

Illinois is the latest state targeted and threatened with the loss of highway funding by the U.S. Department of Transportation in its review of states' non-domiciled CDL issuance procedures. The state is pushing back.

Read More →
 Illustration showing a driver behind the wheel, DOT offices, and examples of problematic non domiciled CDL
Driversby Deborah LockridgeFebruary 12, 2026

FMCSA Locks in Non-Domiciled CDL Restrictions

After a legal pause last fall, FMCSA has finalized its rule limiting non-domiciled commercial driver's licenses. The agency says the change closes a safety gap, and its revised economic analysis suggests workforce effects will be more gradual than first thought.

Read More →
Photo of Stone's Truck Stop
Driversby News/Media ReleaseFebruary 5, 2026

Trucker Path Names Top Truck Stops for 2026

Truck driver ratings reveal the best chain and independent truck stops in the country.

Read More →
Ad Loading...
SponsoredFebruary 1, 2026

6 Dashcam Tactics to Improve Safety & ROI

6 intelligent dashcam tactics to improve safety and boost ROI

Read More →