AB5

The ABC provisions of the Dynamex decision in California can be applied retroactively, according to a decision handed down Thursday by the California Supreme Court.

The ruling has implications for any worker classification court battles, including those for drivers or other logistics employees, going back before the April 30, 2018, decision issued in the case of Dynamex Operations West v. Superior Court. 

Before the Dynamex decision was handed down, worker classification litigation in California...

https://s29755.pcdn.co/news/dynamex-abc-test-can-be-used-retroactively-in-worker-classification-litigation

The two sides in the federal court case that for now is keeping California law AB5 from being enforced against the trucking sector are taking a recent state court decision and urging completely different interpretations.

Following a recent state court ruling in a case involving drayage provider Cal Cartage that a key federal law does not preclude allowing AB5 to be enforced against trucking, attorneys for both the California Trucking Association and the International Brotherhood of Teamsters...

https://s29755.pcdn.co/news/we-get-letters-ab5-contestants-interpret-cal-cartage-to-federal-judges

With a state appeals court ruling unanimously that a prevailing federal law doesn’t preclude the employee classification AB5 law from being implemented in California’s trucking sector, all eyes will now turn to the federal appeals court reviewing the injunction that has kept the law at bay this year. 

In the ruling in the state Court of Appeals, a three-judge panel held that the law known as F4A — the Federal Aviation Administration Authorization Act — does not preclude an employee...

https://s29755.pcdn.co/news/ab5-follow-impact-from-cal-cartage-decision-needs-to-await-federal-ruling

The prospect of California’s AB5 impacting the state’s trucking sector moved a step closer to reality Thursday when a California Court of Appeals ruled that the law governing the hiring of independent contractors was not preempted by a federal law. 

In a case that was first filed before AB5 passed the California legislature in 2019, the drayage company Cal Cartage had won an earlier ruling that AB5 was preempted by the Federal Aviation Administration Authorization Act, legislation passed in the...

https://www.freightwaves.com/news/news-alert-state-court-says-applying-ab5-to-california-trucking-not-preempted-by-significant-federal-law

The California proposition that was approved at the polls last week and took ride-share drivers out from under the state’s AB5 law should be a factor in whether the trucking industry remains exempt from it as well, according to a lawyer involved in key litigation.

The Court of Appeals for the 9th Circuit is considering whether to lift an injunction first handed down New Year’s Eve 2019 that blocked AB5 from being applied to the trucking industry in California. AB5 is the law that under certain...

https://www.freightwaves.com/news/trucking-attorney-proposition-passage-in-california-bolsters-ab5-exemption-case