Since the passage of California Assembly Bill (AB) 5 in 2019, there have been subsequent legal challenges and revised legislation that continues to shape the status of independent contractors and related employment law issues in California. Keeping track of all the cases and exemptions related to AB 5 is almost as difficult as determining who
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U.S. Supreme Court Declines Review of AB 5
By Cary G. Palmer on
Posted in Wage and Hour
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 test for whether a worker is appropriately classified as an independent contractor became more stringent, creating…
The California Trucking Association Petitions U.S. Supreme Court Over AB 5
By Cary G. Palmer on
Posted in Wage and Hour
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 district court abused its discretion by granting the preliminary injunction. The panel concluded that AB 5 is…
9th Circuit Permits Enforcement of AB 5 Against Interstate Motor Carriers
By Cary G. Palmer on
Posted in Wage and Hour
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 classifying workers as either employees or independent contractors. The district court concluded, “there is little question that the State of California has…
California Appellate Court Holds that Federal Law Does Not Preempt California’s Meal and Rest Break Requirements for Truck Drivers
By Adam Y. Siegel on
Posted in Class Actions, Wage and Hour
On October 28, 2014, a California Court of Appeal held that the Federal Aviation Administration Authorization Act of 1994 (“FAAAA”) does not preempt California’s meal and rest break requirements as applied to motor carriers. [Godfrey v. Oakland Port Services Corp. (Cal. App. Ct. Oct. 28, 2014) Case No. A139274.]
In Godfrey, the plaintiffs…
Federal Law Does Not Preempt State Unfair Competition Claim, California Supreme Court Rules
By Mark S. Askanas & Mitchell F. Boomer on
Posted in Wage and Hour
A lawsuit against a trucking company for allegedly misclassifying drivers as independent contractors under California’s Unfair Competition Law (“UCL”) was not preempted by the Federal Aviation Administration Authorization Act of 1994 (“FAAAA”), the California Supreme Court has ruled unanimously. P. ex rel. Harris v. Pac Anchor Transp., Inc., No. S194388 (Cal. July 28, 2014). The Court found the lawsuit did not relate to the company’s “price, route or service,” the concerns of the federal law. Therefore, the Court allowed the State of California’s lawsuit for unfair competition arising from the company’s alleged violations of California’s labor and insurance laws to proceed.
Continue Reading Federal Law Does Not Preempt State Unfair Competition Claim, California Supreme Court Rules
Federal Law Does Not Preempt State Unfair Competition Claim, California High Court Rules
By Jonathan A. Siegel on
Posted in General
In a case alleging misclassification of an independent contractor in the transportation industry, the California Supreme Court has found that the California unfair competition law (Bus. & Prof. Code, § 17200 et seq.) (“UCL”) was not preempted by the Federal Aviation Administration Authorization Act of 1994 (Pub. L. No. 103-305 (Aug. 23, 1994) 108 Stat.…