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Classification Confusion For Transportation Cos. At 9th Circ.

Law360 (October 2, 2018, 12:18 PM EDT) -- The Ninth Circuit has waded deeper into the mire that is the cross-section of California’s labor and transportation laws. On Sept. 10, a three-judge panel held in California Trucking Association v. Su[1] that the California labor commissioner’s use of the common law Borello standard, used to determine whether a motor carrier properly classified drivers as independent contractors, was not preempted by the Federal Aviation Administration Authorization Act, or FAAAA.

The Ninth Circuit’s ruling comes on the heels of the California Supreme Court’s June 2018 ruling in Dynamex v. Superior Court[2] wherein the court joined a chorus of other states adopting the...

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