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Appeals Court Rules AB5 Not Preempted

Appeals Court Rules AB5 Not Preempted

An appeals court panel has reversed a lower court’s preliminary injunction protecting California’s trucking industry from the state’s onerous AB5 law – a law that many believe virtually eliminates the traditional trucking owner-operator model in the state.

April 28, 2021

California Appeals Court Says ABC Test Not Pre-Empted by Federal Law
Could Prop 22 Help Solve the Worker Misclassification Problem?

Could Prop 22 Help Solve the Worker Misclassification Problem?

California voters approved Proposition 22, agreeing with the gig economy companies that the state’s strict ABC test set forth in last year’s controversial AB5 law should not apply to drivers such as those for Uber and Lyft. What does this mean for trucking?

November 4, 2020

Proposed Federal Rule Would Define Employee vs. Independent Contractor
Sweeping Labor Bill Would Limit Independent Contractor Use Nationwide

Sweeping Labor Bill Would Limit Independent Contractor Use Nationwide

Business and trucking interests are criticizing a union-backed labor bill passed by the U.S. House of Representatives. Among other things, the bill would rewrite how independent contractors are defined along the same lines as the controversial new AB5 law in California, which would upend trucking’s longstanding use of owner-operators.

February 7, 2020

New Jersey Cracks Down on Independent Contractor Misclassification

New Jersey Cracks Down on Independent Contractor Misclassification

While one New Jersey bill that attempted to change the way the state determines who's an independent contractor did not make it through the recently ended special legislative session, the state’s governor has signed several other new laws that “create extreme risk for anyone utilizing independent contractors,” according to one labor attorney.

January 22, 2020

Judge: California Can't Enforce AB5 Against Trucking

Judge: California Can't Enforce AB5 Against Trucking

A U.S. Southern District Court on Jan. 16 granted a preliminary injunction prohibiting California state officials from enforcing a controversial new law against motor carriers that makes it virtually impossible to contract with owner-operators in the state.

January 16, 2020

Judge Extends Restraining Order Keeping California from Enforcing AB5 in Trucking
Judge Says ABC Test Preempted by Federal Law in NFI Case

Judge Says ABC Test Preempted by Federal Law in NFI Case

Another court decision, this time at the state level, has reinforced the trucking industry’s contention that California’s stringent new ABC test restricting independent contractor use is preempted by federal law.

January 9, 2020

California Trucking Gets Temporary Reprieve from Law Restricting Independent Contractors
Trucking Looks for Solutions to California's Stringent New Independent Contractor Law
California Governor Signs Law That Threatens Independent Contractor Status
California Bill Means 'End for Independent Trucking' in State
Fleet Offers Big Sign-on Bonus for Owner-Operators
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