Heavy Duty Trucking Logo
MenuMENU
SearchSEARCH

California Truckers Sue to Prevent Application of Dynamex Driver Wage Decision

The California Trucking Association and two California owner-operators have filed a lawsuit seeking to halt the wage relief order decision handed down by the state’s Supreme Court earlier this year.

October 29, 2018
California Truckers Sue to Prevent Application of Dynamex Driver Wage Decision

In a new lawsuit, the California Trucking Association and two owner-operators contend that the Dynamex decision prohibits independent owner-operator drivers from contracting and performing trucking services for licensed motor carriers in California.

3 min to read


The California Trucking Association and two California owner-operators have filed a lawsuit seeking to halt the wage relief order decision handed down by the state’s Supreme Court.

The California Trucking Association (CTA) and two California independent owner-operator drivers have filed a lawsuit in U.S. Southern District Court seeking declaratory and injunctive relief against the unconstitutional interpretation of the state’s wage order test by the California Supreme Court (Court) in its Dynamex Operations West, Inc. v. Superior Court (Dynamex) decision. In the suit, plaintiffs contend that the Dynamex decision prohibits independent owner-operator drivers from contracting and performing trucking services for licensed motor carriers in California.

Ad Loading...

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.

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 plaintiffs argue that the Dynamex ruling should not be enforced because it is preempted under the supremacy clause of the U.S. Constitution, which sets the decision in direct conflict with a federal law Congress passed in 1994 to prevent states from enacting laws that affected a motor carrier's prices, routes and services. The Dynamex decision also imposes an impermissible burden on interstate commerce under the U.S. Constitution’s commerce clause.

Ad Loading...

“This unprecedented Court decision wrongfully overturns decades of employment law and takes away the rights of tens of thousands of owner-operators to operate independently,” said Shawn Yadon, CEO of the California Trucking Association.

Independent-contractor drivers have represented a sizeable portion of the trucking industry for decades. In the United States, more than 500,000 drivers choose to be independent owner-operators, citing the freedom and flexibility that work model affords them.

“By choosing our own hours, setting our own schedules and being our own bosses, independent owner-operator truck drivers, like me, have found the freedom to spend more time with our families, earn higher compensation and, for some, the ability to start our own trucking business,” said Ravinder Singh.

Although there is a significant shortfall of drivers to fill existing employee positions, more than 70,000 current drivers still choose to operate as independent owner-operators in California.

According to the plaintiffs, the California Supreme Court’s decision to determine whether a worker is characterized as an independent contractor or an employee was not only surprising, it was unprecedented in California.

Ad Loading...

“The California Supreme Court has imposed a new test that has never existed in any form in California and, in doing so, completely ignored federal transportation law supporting the well-established and efficient business model of using owner-operators to transport this nation’s goods,” said Robert R. Roginson, attorney for CTA.

By replacing the longstanding multi-factor control test under a 1989 case called Borello, with a one-size-fits-all A-B-C test, consisting of highly restrictive criteria, this new test threatens to eliminate the independent contractor model in California for nearly all industries, including trucking.

“Owner-operators are integral to the trucking industry and many of today’s largest trucking companies started with just a single truck,” said Yadon. “Not only is the new ‘A-B-C’ test, set by the Dynamex decision, to determine whether a worker is an employee or independent contractor unconstitutional, but its implementation and enforcement will also deprive the next generation of truckers the entrepreneurial opportunity to grow."

A copy of the legal complaint can be found here.

More Drivers

Illustration with driver behind the wheel, an alert sign, and a laptop
Driversby Lauren FletcherSeptember 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
Driversby Deborah LockridgeSeptember 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 →
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 →
Ad Loading...
Illustration with safety cones in background, Roadcheck logo, cargo tiedowns, and officer checking driver logs
Safety & Complianceby Deborah LockridgeAugust 26, 2026

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 →
Illustration of data privacy, big brother concept, and truck driver behind the wheel
Safety & Complianceby Deborah LockridgeAugust 17, 2026

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 →
Illustration incorporating a gavel, the back of a driver training trailer, and art showing a blue female shape standing out in a row of male shapes.
Driversby StaffAugust 11, 2026

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 →
Ad Loading...
Safety & Complianceby Deborah LockridgeAugust 10, 2026

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 →
YouTube thumbnail showing two Western Star trucks with the text "Behind the Experience: Western Star Star Nation"
Equipmentby Lauren FletcherAugust 3, 2026

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 →
American flag in background with photos of military truck and Freedom Haulers ad graphic
Driversby Deborah LockridgeJuly 30, 2026

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 →
Ad Loading...
Equipmentby Jim ParkJuly 30, 2026

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 →