Pasedena, CAOn November 15, the U.S. Supreme Court asked Solicitor General Elizabeth Prelogar to articulate the position of the federal government with respect to California Trucking Association v. Rob Bonta. The Ninth Circuit decision requires California motor freight carriers to treat drivers as employees, rather than independent contractors. A decision to hear the California labor lawsuit may signal that the Supreme Court is open to limiting the reach of California laws intended to protect California workers rights.
In September 2019, the California Trucking Association and two individuals filed a lawsuit in the District Court for the Southern District of California to prevent California from enforcing A.B. 5. The Association argued that the California law was preempted by the Federal Aviation Administration Authorization Act (FAAAA) because that federal law contains express language prohibiting any state from passing laws that relate to “a price, route, or service of any motor carrier.” In January 2020, the District Court granted the Association’s requested for a preliminary ban on enforcement within the trucking industry. At the time, many observers saw the decision as one of the most important transportation rulings of the year.
The state of California appealed to the Ninth Circuit, where a panel reversed the District Court’s decision, holding that A.B. 5 would not directly affect trucking rates, routes or...
By Dean Aubrey Caratiquet As part of an intensified campaign against the spread of falsehoods that continue to undermine the integrity of the government and pose a threat to national security, PCO...