The California Trucking Association on Aug. 9 announced it has filed a petition for the US Supreme Court to review its case challenging California’s AB 5 law, Reuters reported.
Assembly Bill 5 installed an “ABC test” making independent contractor classification more difficult for employers. Under the law, truckers would be classified as employees rather than independent contractors. The association won an injunction against the law before its Jan. 1, 2020, implementation as it challenged the law in court over its legality; the association claims the Federal Aviation Administration Authorization Act (FAAAA) of 1994 prohibits enforcing laws that dictate the prices, routes and services offered by motor carriers.
A California Court of Appeal in November 2020 ruled the FAAAA does not preempt California’s ABC test for independent contractor classification. And in April this year, the 9th US Circuit Court of Appeals overturned the injunction the association had against the law. The 9th Circuit in June denied a request for a rehearing by the full court but left the injunction in place as the trucking association prepared to appeal the case to the US Supreme Court.