U.S. District Court Grants Preliminary Injunction Against Enforcement Of AB 5: Truckers Can Keep Trucking As Independent Contractors In California

Jackson Lewis P.C.
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Earlier this week, the Southern District heard arguments regarding the grant of a preliminary injunction to prevent the enforcement of Assembly Bill 5 (“AB 5”) against motor carriers operating within California.

Judge Benitez granted the preliminary injunction and concluded in his order that “there is little question that the State of California has encroached on Congress’ territory by eliminating motor carriers’ choice to use independent contractor drivers, a choice at the very heart of interstate trucking.”

The preliminary injunction will remain in effect until trial in this matter unless the 9th Circuit decides differently. The preliminary injunction allows truck drivers to continue operating as independent contractors in California.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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