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
3/18/2024
/ ABC Test ,
Commercial Truck Drivers ,
Employee Definition ,
Employer Liability Issues ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Independent Contractors ,
Misclassification ,
Motor Carriers ,
Preemption ,
State Labor Laws ,
Teamsters ,
Trucking Industry ,
Wage and Hour
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
6/30/2022
/ ABC Test ,
B2B Organizations ,
Commercial Truck Drivers ,
Employee Definition ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Independent Contractors ,
Motor Carriers ,
Preemption ,
Supply Chain ,
Transportation Industry ,
Trucking Industry
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
6/27/2022
/ ABC Test ,
Brokers ,
Common Carriers ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Freight Forwarding ,
Independent Contractors ,
Logistics ,
Petition for Writ of Certiorari ,
Preemption ,
SCOTUS ,
Transportation Industry ,
Trucking Industry
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
On January 14, 2021, the California Supreme Court in Vasquez v. Jan-Pro Franchise International, Inc. held that the three-part “ABC” test previously set forth in Dynamex Operations West Inc. v. Superior Court also applies...more
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
12/14/2020
/ ABC Test ,
Commercial Truck Drivers ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Independent Contractors ,
Labor Regulations ,
Preemption ,
State Labor Laws ,
Trucking Industry
On January 16, 2020, finding that “California runs off the road and into the preemption ditch,” Judge Roger Benitez of the United States District Court for the Southern District of California issued his decision granting a...more
1/17/2020
/ ABC Test ,
Borello Test ,
Commercial Truck Drivers ,
Employee Definition ,
Employer Liability Issues ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Independent Contractors ,
Misclassification ,
Motor Carriers ,
Owner-Operators ,
Preemption ,
State Labor Laws ,
Trucking Industry ,
Wage and Hour
Champagne bottles popped earlier than expected on New Year’s Eve when Judge Roger T. Benitez of the United States District Court for the Southern District of California granted a temporary restraining order prohibiting the...more
1/2/2020
/ ABC Test ,
Commerce Clause ,
Commercial Truck Drivers ,
Dormant Commerce Clause ,
Employee Definition ,
Employment Contract ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Independent Contractors ,
Motor Carriers ,
Preemption ,
Transportation Industry ,
TRO ,
Trucking Industry