News & Analysis as of

Federal Aviation Administration Authorization Act of 1994 (FAAAA) Motor Carriers Misclassification

Benesch

Ejected! California District Court Dismisses Trucking Industry’s New AB5 Challenge

Benesch on

As March Madness gets underway, a California federal judge has called a flagrant foul and ejected the trucking industry from its ongoing battle to challenge Assembly Bill No. 5 (“AB5”)....more

Holland & Knight LLP

Trucker Protest Over California Independent Contractor Law Shuts Down Port of Oakland

Holland & Knight LLP on

The U.S. Supreme Court recently denied the California Trucking Association's (CTA) petition for certiorari related to a case involving federal preemption of California Assembly Bill 5 (AB-5), a law that changed the legal...more

Fisher Phillips

Supreme Court Steps on the Brakes: How Its Recent AB 5 Decision Will Throw California’s Trucking Industry into Disarray

Fisher Phillips on

While the U.S. Supreme Court has made a number of headlines this term, flying under the radar was its refusal to consider whether California’s controversial worker classification law should be blocked by a federal law that...more

Locke Lord LLP

Ride-Sharing Industry Prevails, While Trucking Industry has More Legal Work to do: April 2021 News Update

Locke Lord LLP on

April 2021 was a meaningful month for two industries that are hardly strangers to lawsuits involving the status of workers as independent contractors. A federal district court in the District of Columbia issued an extremely...more

CDF Labor Law LLP

The Ninth Circuit Reverses AB5 Injunction

CDF Labor Law LLP on

The Ninth Circuit Court of Appeals, in California Trucking Association v. Bonta, has reversed the preliminary injunction staying enforcement of AB 5 (now Labor Code § 2775). ...more

Seyfarth Shaw LLP

California ABC Test Not FAAAA-Preempted

Seyfarth Shaw LLP on

Seyfarth Synopsis: In a case involving motor carriers, the California Court of Appeal has held that the FAAAA (Federal Aviation Administration Authorization Act of 1994) does not preempt the ABC employment test California...more

Epstein Becker & Green

Federal Judge Grants Preliminary Injunction to Prevent Enforcement of California’s Controversial New Independent Contractor...

As we have written here, the day before California’s controversial AB 5 was set to go into effect, U.S. District Court Judge Roger Benitez issued a temporary restraining order to block enforcement of the law as to...more

Haight Brown & Bonesteel LLP

Keep on truckin’ (for now): AB 5 may not apply to truckers

For decades, the trucking industry has used owner-operators to provide the transportation of property in interstate commerce. Assembly Bill 5, which went into effect Jan. 1, as set out in Labor Code Section 2750.3, threatens...more

Seyfarth Shaw LLP

State Enforcement of AB 5 Against Motor Carriers Preliminarily Enjoined

Seyfarth Shaw LLP on

Seyfarth Synopsis: A federal court has granted a preliminary injunction blocking the State of California from enforcing AB 5 against motor carriers. The court provided a fulsome analysis demonstrating that the Federal...more

Fisher Phillips

California Truckers Get Biggest Misclassification Win Yet; Gig Economy Companies Await Their Fate

Fisher Phillips on

The federal court that had granted a temporary restraining order on New Year’s Eve blocking California’s misclassification law from taking effect against the trucking industry just extended that ruling by granting a...more

Benesch

InterConnect FLASH! No. 78 - A Big Win For California Motor Carriers: Federal Court Prohibits Enforcement of Assembly Bill No. 5

Benesch on

On January 16, 2020, finding that “California runs off the road and into the preemption ditch,” Judge Roger Benitez of the United States District Court for the Southern District of California issued his decision granting a...more

Epstein Becker & Green

Federal Court Extends TRO to Enjoin Enforcement of California’s Controversial New Independent Contractor Law for 70,000...

Epstein Becker & Green on

As we recently wrote here, just hours before California’s controversial AB 5 went into effect, a federal court in San Diego issued a temporary restraining order (“TRO”) to enjoin enforcement of the independent contractor...more

Jackson Lewis P.C.

Another Win For The Trucking Industry Against AB 5

Jackson Lewis P.C. on

While the trucking industry waits for the federal court to hear arguments on the California Trucking Association’s request for an injunction against application of AB5, Judge William Highberger of the Los Angeles Superior...more

Seyfarth Shaw LLP

California State Court Agrees With Motor Carriers’ Preemption Challenge To AB 5

Seyfarth Shaw LLP on

Seyfarth Synopsis: On the heels of last week’s federal court order temporarily blocking enforcement of AB 5 by the State of California, a California state court in Los Angeles reached the same conclusion, finding the Federal...more

Epstein Becker & Green

California State Court Judge Rules That Controversial New Independent Contractor Law Does Not Apply to Independent Truckers

Epstein Becker & Green on

Following the challenges to AB 5, California’s controversial new independent contractor law, can be a difficult endeavor. Every day seems to bring a new development....more

Seyfarth Shaw LLP

AB 5 Challenge From California Motor Carriers: TRO Granted

Seyfarth Shaw LLP on

Seyfarth Synopsis: Effective January 1, 2020, AB 5 implements the mandatory “ABC” test for determining whether a person is an independent contractor or employee under California law. Specific to motor carriers, AB 5 presumes...more

Epstein Becker & Green

Federal Court Issues Eleventh-Hour TRO to Enjoin Enforcement of California’s Controversial New Independent Contractor Law for...

On January 1, 2020, California’s new independent contractor statute, known as AB 5, went into effect.  The law codifies the use of an “ABC” test to determine if an individual may be classified as an independent contractor....more

Epstein Becker & Green

California Trucking Association Mounts Challenge to “ABC” Test

Epstein Becker & Green on

As businesses throughout the State of California continue to grapple with the potential implications of AB5, a new law designed to make it more difficult for companies to treat workers as independent contractors, the...more

Littler

Third Circuit Finds FAAAA Does Not Preempt New Jersey ABC Test

Littler on

In Bedoya v. American Eagle Express Inc., the Third Circuit Court of Appeals held that the Federal Aviation Authorization Administration Act of 1994 (FAAAA) does not preempt New Jersey’s wage and hour laws, permitting...more

Holland & Knight LLP

Will Trump Administration Curb the Recent Targeting of Independent Contractors?

Holland & Knight LLP on

A critical but unresolved issue for the motor carrier industry is the continuing viability of the independent contractor truck driver model, which is under siege by state and federal regulatory agencies as well as private...more

Benesch

InterConnect FLASH! No. 59 - Massachusetts "ABC" Test Court Decision: Fresh Application On Old Spin

Benesch on

Over the last two years, the Benesch Transportation & Logistics Team has written in various installments of the FLASH about the Massachusetts Independent Contractor Law, Mass. Gen. Laws ch. 149, §148B (the “Massachusetts...more

Seyfarth Shaw LLP

Massachusetts SJC Strikes a Blow to Massachusetts Independent Contractor Statute

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Massachusetts Supreme Judicial Court recently held that the FAAAA preempts the second prong of the Massachusetts Independent Contractor Statute as applied to certain delivery drivers. Although the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

First Circuit Affirms FAAAA Preemption of Massachusetts Independent Contractor Law

On May 11, 2016, the First Circuit Court of Appeals issued the latest of several decisions supporting and furthering federal preemption of the Massachusetts independent contractor statute for businesses that qualify as motor...more

Benesch

The InterConnect Flash! No. 53 - February 2016

Benesch on

2 Steps Back — First Circuit Could Have Done More for the Independent Contractor Business Model - Approximately one year ago in FLASH No. 46, we wrote about Massachusetts District Court Judge Robert G. Stearns’ industry...more

24 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide