Calif. Appeals Court Says AB 5 Not Preempted In Trucker Row

Law360 (November 20, 2020, 4:02 PM EST) -- California's worker classification test that makes it harder for employers to deem workers independent contractors may apply to trucking companies, a state appeals court has ruled, finding the test is not preempted by federal law that prohibits state regulation of the industry.

In an opinion issued Thursday, a panel of the Second Appellate District reversed a trial court decision that said the three-part "ABC" test codified in the worker classification law called A.B. 5 so severely impacted trucking companies' operations that it was preempted by the Federal Aviation Administration Authorization Act.

The appeals court panel said a 2014 California Supreme Court...

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