CSX Drivers Want 9th Circ. To Weigh Dynamex Preemption
Law360 (May 31, 2019, 6:47 PM EDT) -- Former truck drivers in a wage-and-hour dispute with CSX Intermodal Terminals Inc. say the Ninth Circuit must step in and review a district court ruling that federal law preempts a key part of a three-prong test for distinguishing between independent contractors and employees in California.
The truck drivers on Thursday defended their bid seeking an immediate appeal of U.S. Magistrate Judge Elizabeth D. Laporte's refusal to reconsider her earlier finding that the Federal Aviation Administration Authorization Act of 1994 — the federal statute that preempts any state law "relating to a price, route or service of any motor carrier" — preempts...
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