3rd Circ. Says NJ Worker Classification Test Not Preempted

Law360 (January 29, 2019, 6:27 PM EST) -- The Third Circuit said in a precedential decision Tuesday that a federal law limiting state regulation of the trucking sector does not preempt New Jersey’s ABC test for distinguishing between employees and independent contractors, finding that the state test applies broadly to all businesses, not just trucking.

A three-judge panel of the federal appeals court rejected American Eagle Express Inc.’s argument that the Federal Aviation Administration Authorization Act preempted a proposed class action from delivery drivers Ever Bedoya, Diego Gonzalez and Manuel Decastro claiming they were misclassified as independent contractors instead of employees. The FAAAA is the federal statute that preempts...

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Attached Documents



Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only


Appellate - 3rd Circuit

Nature of Suit

3710 Fair Labor Standards Act

Date Filed

March 27, 2018

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Government Agencies

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