Full 9th Circ. Asked To Revisit Calif. Truckers' AB 5 Challenge

Law360 (May 27, 2021, 2:18 PM EDT) -- The full Ninth Circuit should reconsider a split-panel decision to nix a preliminary injunction barring enforcement of a California worker classification law, a state truckers organization said, arguing the panel majority wrongly held that a federal law did not preempt the classification statute.

In an en banc rehearing petition Wednesday, the California Trucking Association said the panel majority had split with precedent by holding in April that California's A.B. 5 would not directly impact trucking rates, routes or services and so the Federal Aviation Administration Authorization Act, or FAAAA, did not preempt the statute.

The U.S. Supreme Court has held that...

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