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Independent Contractors Preemption State Labor Laws

Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent... more +
Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent contractor is not always an easy determination. However, due to differences in tax and liability treatment, misclassifying an employee as an independent contractor can have serious consequences. Autonomy is the defining feature of independent contractor arrangements. Independent contractors control the manner and method of how work is performed while payers control the desired result. Control over schedule and number of hours worked, ownership of equipment or tools, permanency of relationship, and acceptance of jobs from multiple entities are all possible factors in determining whether a worker is an employee or independent contractor.   less -
Hanson Bridgett

Is the Unionization of Uber and Lyft Drivers On California’s Horizon?

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On April 10, 2025, California legislators introduced Assembly Bill 1340, also known as the Transportation Network Company Drivers Labor Relations Act, which would afford drivers of app-based transportation companies such as...more

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

Rhode Island Legislative Update 2024: New Laws on Leave Entitlements, Minimum Wage Exemptions, and Arbitration Agreements

The Rhode Island General Assembly was active during the 2024 legislative session, passing several bills that impact employers and their business practices. Here is a summary of the new laws Rhode Island employers may need to...more

Benesch

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

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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

Stokes Wagner

Summer 2022 Georgia Employment Laws

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There are two Georgia employment laws effective this summer that employers should be aware of in reviewing their policies. Act 823: Protecting Georgia Businesses and Workers Act - The Protecting Georgia Businesses...more

Holland & Knight LLP

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

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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

The Top 14 Workplace Law Stories from July 2022

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Fisher Phillips

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

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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

FordHarrison

U.S. Supreme Court Declines to Hear Challenge to California's Independent Contractor Law

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In a brief one-line order, the U.S. Supreme Court denied the California Trucking Association’s petition to review a lower court ruling holding that federal law does not preempt California’s independent contractor law.  The...more

Payne & Fears

Key California Employment Law Cases: April 2021

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California Trucking Association v. Bonta, No. 20-55106, 2021 WL 1656283 (9th Cir. Apr. 28, 2021) - Summary : The Federal Aviation Administration Authorization Act does not preempt the “ABC test” for determining whether a...more

CDF Labor Law LLP

The Ninth Circuit Reverses AB5 Injunction

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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

Benesch

InterConnect FLASH! No. 82 - Disappointing Decree: Ninth Circuit Rules California’s AB5 Is Enforceable Against Motor Carriers

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On April 28, 2021, the United States Court of Appeals for the Ninth Circuit held that the application of California’s Assembly Bill 5 (“AB5”) to motor carriers is not preempted by the Federal Aviation Administration...more

ArentFox Schiff

Ninth Circuit Rules California’s AB5 Will Apply to Motor Carriers

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The Ninth Circuit Court of Appeals has issued a long-awaited decision on the question of whether AB5, California’s strict independent contractor misclassification statute, may be applied to motor carriers, or whether the...more

Payne & Fears

Ninth Circuit Joins California Court of Appeal in Rejecting FAAAA Preemption of AB 5 as Applied to Motor Carriers

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The Ninth Circuit Court of Appeals held today that the Federal Aviation Administration Authorization Act of 1994 (“FAAAA”) does not preempt application of California’s Assembly Bill 5 (“AB 5”), codified as amended at Labor...more

Payne & Fears

Key California Employment Law Cases: January 2021

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International Brotherhood. of Teamsters, Local 2785 v. Federal Motor Carrier Safety Administration No. 18-73488, 2021 WL 139728 (9th Cir. Jan. 15, 2021) - Summary:  Federal law preempts California’s meal and rest break...more

Benesch

InterConnect FLASH! No. 80 - California Appeals Court Rules Truckers Are Not Exempt from Independent Contractor Classification...

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In November 2020, a California state appeals court ruled in People of the State of California v. Superior Court of Los Angeles County and Cal Cartage Transportation Express, LLC that the Federal Aviation Administration...more

Epstein Becker & Green

#WorkforceWednesday: Component 2 Pay Data Shutdown, CDC Coronavirus Guidance, and California Employers Fight Back - Employment Law...

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It’s #WorkforceWednesday, featuring Employment Law This Week®, blog posts, client alerts, and other helpful resources from Epstein Becker Green’s Employment, Labor & Workforce Management practice. Get the information you need...more

Akin Gump Strauss Hauer & Feld LLP

Court Denies Preliminary Injunction in Uber Lawsuit Arguing that California’s AB 5 is Unconstitutional; Other Challenges Continue

- A California district court has denied a preliminary injunction in a lawsuit brought by Uber and Postmates challenging the constitutionality of California’s new worker classification law, Assembly Bill 5 (“AB 5”), finding...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

Holland & Knight LLP

Preliminary Injunction Bars Enforcement of AB 5 Against Motor Carriers Operating in California

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In California Trucking Association, et al. v. Xavier Becerra, et al.,1 U.S. District Court Judge Roger T. Benitez issued a preliminary injunction on Jan. 16, 2020, enjoining the State of California from enforcing the ABC test...more

Seyfarth Shaw LLP

State Enforcement of AB 5 Against Motor Carriers Preliminarily Enjoined

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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

McCarter & English, LLP

Win For Motor Carriers In Battle In California Over Employment Classification Of Owner-Operators

A highly anticipated decision granting a preliminary injunction preventing California from applying its new independent contractor test to motor carriers was issued by Senior U.S. District Judge Roger T. Benitez on January...more

Fisher Phillips

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

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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

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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

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

California’s AB 5 Enjoined as to Motor Carriers; Federal Court Enters Preliminary Injunction on FAAAA Preemption Claim

On January 16, 2020, the U.S. District Court for the Southern District of California entered an order granting a preliminary injunction requested by the California Trucking Association (CTA), which was represented by Ogletree...more

Epstein Becker & Green

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

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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

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