Analysis

9th Circ. Truckers Ruling Drives Home Limits Of Preemption

Law360 (September 11, 2018, 10:17 PM EDT) -- The Ninth Circuit’s recent finding that federal law does not preempt California’s standard for determining whether workers are employees or independent contractors throws another roadblock in the trucking industry’s efforts to sidestep state labor regulations that it claims interfere with interstate transport, experts say.

The federal appeals court on Monday rejected the California Trucking Association’s challenge to the state labor commissioner’s use of a flexible 11-factor worker classification test known as the Borello test in disputes before the California Department of Industrial Relations. The multifactor Borello test for determining whether independent contractors are properly classified is used across all industries and...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Beta
Ask a question!