News & Analysis as of

Independent Contractors Federal Aviation Administration Authorization Act of 1994 (FAAAA)

Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent... more +
Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent contractor is not always an easy determination. However, due to differences in tax and liability treatment, misclassifying an employee as an independent contractor can have serious consequences. Autonomy is the defining feature of independent contractor arrangements. Independent contractors control the manner and method of how work is performed while payers control the desired result. Control over schedule and number of hours worked, ownership of equipment or tools, permanency of relationship, and acceptance of jobs from multiple entities are all possible factors in determining whether a worker is an employee or independent contractor.   less -
Benesch

Ejected! California District Court Dismisses Trucking Industry’s New AB5 Challenge

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As March Madness gets underway, a California federal judge has called a flagrant foul and ejected the trucking industry from its ongoing battle to challenge Assembly Bill No. 5 (“AB5”)....more

Holland & Knight LLP

Trucker Protest Over California Independent Contractor Law Shuts Down Port of Oakland

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The U.S. Supreme Court recently denied the California Trucking Association's (CTA) petition for certiorari related to a case involving federal preemption of California Assembly Bill 5 (AB-5), a law that changed the legal...more

Fisher Phillips

Supreme Court Steps on the Brakes: How Its Recent AB 5 Decision Will Throw California’s Trucking Industry into Disarray

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While the U.S. Supreme Court has made a number of headlines this term, flying under the radar was its refusal to consider whether California’s controversial worker classification law should be blocked by a federal law that...more

Jackson Lewis P.C.

U.S. Supreme Court Declines Review of AB 5

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In April 2021, the 9th Circuit panel held that the application of California Assembly Bill 5 (AB 5) to motor carriers is not preempted by the Federal Aviation Administration Authorization Act of 1994 (FAAAA). Under AB 5, the...more

FordHarrison

U.S. Supreme Court Declines to Hear Challenge to California's Independent Contractor Law

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In a brief one-line order, the U.S. Supreme Court denied the California Trucking Association’s petition to review a lower court ruling holding that federal law does not preempt California’s independent contractor law.  The...more

Benesch

Time to Adapt: U.S. Supreme Court Declines Review of California Assembly Bill No 5

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Unfortunately, today, June 30, 2022, the U.S. Supreme Court delivered a deeply disappointing loss to the transportation industry and supply chain interests throughout the country by declining to review the California Trucking...more

Benesch

In Anticipation of Preemption: The U.S. Supreme Court Speaks (Sort Of...)

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The transportation and logistics industry has been widely anticipating a decision from the U.S. Supreme Court as to whether or not it will accept for review two very significant cases involving the scope of the Federal...more

Locke Lord LLP

Is the U.S. Supreme Court About to Dive Into the Independent Contractor Misclassification Field? November 2021 IC Law Update

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The highlights of independent contractor legal developments in November 2021 focus on interstate transportation workers. Questions addressed by the courts last month included whether ride-sharing workers classified as...more

Jackson Lewis P.C.

The California Trucking Association Petitions U.S. Supreme Court Over AB 5

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In April, the 9th Circuit panel held that the application of California Assembly Bill 5 (AB 5) to motor carriers is not preempted by the Federal Aviation Administration Authorization Act of 1994 (FAAAA). The panel found the...more

Manatt, Phelps & Phillips, LLP

Federal Law Doesn’t Preempt AB 5, Ninth Circuit Rules

In the latest chapter of the independent contractor or employee saga in California, the U.S. Court of Appeals for the Ninth Circuit, in California Trucking Ass’n v. Bonta, ruled that federal law doesn’t preempt AB 5, the...more

Epstein Becker & Green

The Ninth Circuit Finds California’s ABC Test is Not Preempted by the Federal Aviation Administration Authorization Act

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For decades, the practice of motor carriers arranging for freight to be transported by independent owner-operators—i.e., independent contractors who drive their own trucks—has been ubiquitous. However, this practice is now...more

Payne & Fears

Key California Employment Law Cases: April 2021

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California Trucking Association v. Bonta, No. 20-55106, 2021 WL 1656283 (9th Cir. Apr. 28, 2021) - Summary : The Federal Aviation Administration Authorization Act does not preempt the “ABC test” for determining whether a...more

Locke Lord LLP

Ride-Sharing Industry Prevails, While Trucking Industry has More Legal Work to do: April 2021 News Update

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April 2021 was a meaningful month for two industries that are hardly strangers to lawsuits involving the status of workers as independent contractors. A federal district court in the District of Columbia issued an extremely...more

Sherman & Howard L.L.C.

Ninth Circuit Dumps Truckers’ Challenge To California’s New Independent Contractor Test

In a previous post, we talked about California shifting gears to the so-called “ABC test” for determining whether a worker is an employee or independent contractor in a law called “AB-5.” Compared to California’s previous...more

K&L Gates LLP

California's Preemption Analysis Creates Circuit Split Making AB-5 Ripe for Supreme Court Review

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On 30 April 2018, the California Supreme Court issued the seminal decision in Dynamex Operations West, Inc. v. Superior Court, adopting the “A-B-C Test” for determining independent contractor status in the state. The A-B-C...more

CDF Labor Law LLP

The Ninth Circuit Reverses AB5 Injunction

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The Ninth Circuit Court of Appeals, in California Trucking Association v. Bonta, has reversed the preliminary injunction staying enforcement of AB 5 (now Labor Code § 2775). ...more

BakerHostetler

Schrödinger’s Cat? Ninth Circuit Disrupts Trucking Industry with Contractor Misclassification Ruling

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Originally published on WhoIsMyEmployee.com - May 3rd, 2021. Have you heard of Schrödinger’s cat? It’s not a real cat, like Felix or Brian Setzer. It’s a hypothetical, seemingly impossible cat that exists only in the world of...more

Benesch

InterConnect FLASH! No. 82 - Disappointing Decree: Ninth Circuit Rules California’s AB5 Is Enforceable Against Motor Carriers

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On April 28, 2021, the United States Court of Appeals for the Ninth Circuit held that the application of California’s Assembly Bill 5 (“AB5”) to motor carriers is not preempted by the Federal Aviation Administration...more

Seyfarth Shaw LLP

Ninth Circuit Applies AB 5 Against Interstate Motor Carriers

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Seyfarth Synopsis: Back in January 2020, a federal district court enjoined the State of California from enforcing AB 5 against interstate motor carriers. Now, in a split 2-1 decision, a Ninth Circuit panel has reversed the...more

ArentFox Schiff

Ninth Circuit Rules California’s AB5 Will Apply to Motor Carriers

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The Ninth Circuit Court of Appeals has issued a long-awaited decision on the question of whether AB5, California’s strict independent contractor misclassification statute, may be applied to motor carriers, or whether the...more

Payne & Fears

Ninth Circuit Joins California Court of Appeal in Rejecting FAAAA Preemption of AB 5 as Applied to Motor Carriers

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The Ninth Circuit Court of Appeals held today that the Federal Aviation Administration Authorization Act of 1994 (“FAAAA”) does not preempt application of California’s Assembly Bill 5 (“AB 5”), codified as amended at Labor...more

Jackson Lewis P.C.

9th Circuit Permits Enforcement Of AB 5 Against Interstate Motor Carriers

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In 2020, a California district court granted a preliminary injunction to prevent enforcement of Assembly Bill 5 (“AB 5”) against motor carriers operating within California. AB 5 codified the judge-made “ABC test” for...more

ArentFox Schiff

Class Actions Quarterly Update: Employee Misclassification in the Logistics Industry

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The vast majority of class action litigation in the logistics industry over the past quarter, and indeed the last few years, has been focused on the issue of worker misclassification. In particular, as state legislatures...more

ArentFox Schiff

Class Action Quarterly Update

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Class Actions Quarterly Update: Employee Misclassification in the Logistics Industry - The vast majority of class action litigation in the logistics industry over the past quarter, and indeed the last few years, has been...more

Benesch

InterConnect FLASH! No. 80 - California Appeals Court Rules Truckers Are Not Exempt from Independent Contractor Classification...

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In November 2020, a California state appeals court ruled in People of the State of California v. Superior Court of Los Angeles County and Cal Cartage Transportation Express, LLC that the Federal Aviation Administration...more

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