A California law aimed at determining whether a worker is an employee or an independent contractor doesn’t apply to trucking, a state court judge ruled.
Los Angeles Superior Court Judge William Highberger ruled on Jan. 8 that California’s Assembly Bill 5, which went into effect on Jan. 1, is preempted by the Federal Aviation Administration Authorization Act of 1994 (F4A).
“Here the requirements of the ABC test … clearly run afoul of Congress’ 1994 determination that a uniform rule endorsing use of nonemployee independent contractors should apply in all 50 states to increase competition and reduce the cost of trucking services,” Highberger wrote.
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Los Angeles Superior Court Judge William Highberger ruled on Jan. 8 that California’s Assembly Bill 5, which went into effect on Jan. 1, is preempted by the Federal Aviation Administration Authorization Act of 1994 (F4A).
“Here the requirements of the ABC test … clearly run afoul of Congress’ 1994 determination that a uniform rule endorsing use of nonemployee independent contractors should apply in all 50 states to increase competition and reduce the cost of trucking services,” Highberger wrote.
California’s AB5 doesn’t apply to trucking, state judge rules
A state court rules against California’s AB5, which codifies the California Supreme Court’s decision on worker classification as employees or contractors.
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