An injunction that prevents California’s AB 5 independent contractor classification law from being applied to truck drivers remains in effect as California Trucking Association appeals its case to the US Supreme Court, Land Line reports.
A panel for the 9th US Circuit Court of Appeals overturned the injunction in April, ruling 2-1 that truck drivers are employees under California labor law.
“Because AB 5 is a generally applicable labor law that affects a motor carrier’s relationship with its workforce and does not bind, compel, or otherwise freeze into place the prices, routes, or services of motor carriers, we conclude that it is not preempted by the F4A,” Circuit Judge Sandra Ikuta wrote in the April 28 opinion.
However, the injunction remained in place as the association appealed the ruling. The 9th Circuit on June 21 denied a request for a rehearing by the full court, and on June 23 allowed for the injunction to remain in place as the trucking association prepares to appeal the case to the US Supreme Court.
The association’s petition to the Supreme Court is due Nov. 18, according to Land Line. If the Supreme Court elects to hear the case, the injunction will remain in place until a ruling is made. If the Supreme Court decides not to hear the case, AB 5 will immediately take effect in the trucking industry.