Related: Is California Trying to Kill the Independent Contractor Model?
Trucking Group Challenges California Independent Contractor Law
The California Trucking Association and two California-based owner-operators filed a lawsuit challenging the "ABC" employment test mandated by the state's new independent contractor law, which the group says threatens the livelihood of independent truck drivers and is pre-empted by federal law.

The California Trucking Association is challenging the employment test included in California’s recently passed independent contractor law that the group says threatens the livelihood of independent truck drivers.
Photo: Jim Park
The California Trucking Association and two California-based owner-operators filed a lawsuit against the "ABC" employment test mandated by California’s recently passed independent contractor law, which the group says threatens the livelihood of independent truck drivers.
The CTA filed an amended complaint with the U.S. Southern District Court seeking declaratory and injunctive relief against the employment test that was codified in Assembly Bill 5.
AB 5’s purpose is to prevent businesses from classifying workers as independent contractors who are, in practice, only working for one company. Proponents of the law claim that these workers are being denied the wages and benefits that would be guaranteed to them if they were properly classified as employees.
The law was originally aimed at workers for ride-sharing companies like Uber and Lyft, as well as at some trucking companies that have been accused of misclassifying drivers. However, the line between an employee and an independent contractor is fuzzy, so included in the law was an ABC test to clarify under which circumstances workers need to be considered employees.
Which brings us back to the CTA’s lawsuit. With owner-operators making up a sizable chunk of the trucking workforce, and the ABC test potentially preventing drivers who have always considered themselves as independent entities from remaining so, CTA says the bill wrongfully restricts their ability to work.
“AB 5 threatens the livelihood of more than 70,000 independent truckers,” said CTA CEO Shawn Yadon. “The bill wrongfully restricts their ability to provide services as owner-operators and, therefore, runs afoul of federal law.”
CTA's suit argues that the classification test codified by AB 5 is preempted by the supremacy and commerce clauses in the U.S. Constitution and is in direct conflict with the Federal Motor Carrier Safety Act and the Federal Aviation Administration Authorization Act of 1994. (Part of the FAAAA bans states from enacting laws that affected a motor carrier's prices, routes and services.)
The CTA says the test would force owner-operators in California to abandon thousands of dollars of investments in their equipment and cost drivers the right to be self-employed. The group says the AB 5’s one-size-fits-all testing method has highly restrictive criteria and is riddled with carve-outs and exemptions for specific businesses and industries.
“Independent truckers are typically experienced drivers who have previously worked as employees and have, by choice, struck out on their own." Yadon says. "We should not deprive them of that choice. Some of the country’s most successful trucking companies were started by entrepreneurial independent truckers. We can protect workers from misclassification without infringing upon independent truckers’ right to make a living in California.”
A representative from the Brotherhood of Teamsters Union, a group that has been actively fighting the related issue of driver misclassification at the ports of Southern California, blasted the CTA's suit. The move to block implementation of AB 5 was, “presumably to allow California trucking companies to continue to violate multiple state and federal laws that define 'employee' vs. 'independent contractor," said Fred Potter, vice president-at-large of the Teamsters and director of the Teamsters’ Port Division, in a statement.
“It’s no surprise that their trucking contractors are going to court to perpetuate a scheme – deemed illegal by multiple regulatory agencies and courts long before Assembly Bill 5 was introduced in the California Legislature – that has robbed the typical driver of tens of thousands of dollars a year due to their misclassification as independent contractors," Potter said. "The gig is up, and it’s time for the drayage industry to comply with local, state, and federal laws or risk being kicked out of the ports altogether, and it’s time for the cargo owners – America’s largest retailers – to stop doing business with recidivist lawbreakers."
More Drivers

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 →
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 →
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 →
Medical Cards, English Proficiency Reshape Roadcheck Violations
Medical-card violations jumped to the top of the driver out-of-service list during CVSA’s 2026 International Roadcheck, while English-language proficiency violations appeared among the leading violations for the first time.
Read More →
Driver Trust Can Make or Break the Success of Fleet Safety Technology
New Teletrac Navman research suggests that onboarding, transparency about driver data, and positive feedback can play a significant role in how commercial drivers respond to safety and coaching technology.
Read More →
EEOC Sues KLLM Over Alleged Sex Discrimination in Driver Training
KLLM is facing a federal sex-discrimination lawsuit over policies the EEOC alleges put female truck driver trainees at a disadvantage.
Read More →
FMCSA Moves to Codify English Language Requirements for Commercial Drivers
By changing regulations on English-language proficiency requirements for commercial drivers, rather than relying on a guidance memo, the FMCSA said future administrations won't be able to walk back the Trump administration's stricter enforcement with just a memo.
Read More →Drivers Put Western Star Trucks to the Test at Star Nation Experience
Watch to get an inside look at the Western Star trucks, technology, and community behind the Star Nation Experience 2026!
Read More →
Trump Administration Looks to Put More Veterans Behind the Wheel
The Freedom Haulers program pulls together existing and expanded programs at several federal agencies to recruit veterans to drive commercial heavy-duty trucks and cut the red tape for them to get a CDL, training, and employment.
Read More →
Putting Mack’s Command Steer to the Test
A test drive of Mack’s Command Steer active steering system evaluates how it can make truck driving easier and less tiring.
Read More →
