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Analysis

9th Circ. Truckers Ruling Drives Home Limits Of Preemption

Law360 (September 11, 2018, 10:17 PM EDT) -- The Ninth Circuit’s recent finding that federal law does not preempt California’s standard for determining whether workers are employees or independent contractors throws another roadblock in the trucking industry’s efforts to sidestep state labor regulations that it claims interfere with interstate transport, experts say.

The federal appeals court on Monday rejected the California Trucking Association’s challenge to the state labor commissioner’s use of a flexible 11-factor worker classification test known as the Borello test in disputes before the California Department of Industrial Relations. The multifactor Borello...
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