News & Analysis as of

Preemption Independent Contractors

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

Amundsen Davis LLC

7th Circuit Again Upholds Preemption of Negligent Hiring Claims Against a Freight Broker

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The Seventh Circuit Court of Appeals recently issued another important ruling for brokers, upholding that a claim for negligent hiring against a freight broker was preempted by the Federal Aviation Administration...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

SCOTUS Review: 8 Key Rulings from Last Term that Impact the Workplace and 3 Issues We’re Watching

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Many employers looked to the Supreme Court last term for clarity in cases with a significant impact on the workplace. The justices continued to shape the employment law landscape by ruling on an array of issues involving...more

Fisher Phillips

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

Fisher Phillips on

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

FordHarrison on

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

Benesch

Time to Adapt: U.S. Supreme Court Declines Review of California Assembly Bill No 5

Benesch on

Unfortunately, today, June 30, 2022, the U.S. Supreme Court delivered a deeply disappointing loss to the transportation industry and supply chain interests throughout the country by declining to review the California Trucking...more

Benesch

In Anticipation of Preemption: The U.S. Supreme Court Speaks (Sort Of...)

Benesch on

The transportation and logistics industry has been widely anticipating a decision from the U.S. Supreme Court as to whether or not it will accept for review two very significant cases involving the scope of the Federal...more

Lewitt Hackman

Franchisor 101: Preemption Preempted

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Patel v. 7-Eleven, a case in Massachusetts, has been closely watched since the ABC test took hold of franchise relationships in employee misclassification cases across the country. A putative class of 7-Eleven franchisees...more

Epstein Becker & Green

The Ninth Circuit Finds California’s ABC Test is Not Preempted by the Federal Aviation Administration Authorization Act

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For decades, the practice of motor carriers arranging for freight to be transported by independent owner-operators—i.e., independent contractors who drive their own trucks—has been ubiquitous. However, this practice is now...more

Cozen O'Connor

Employment Law Now V-96- LOTS of Big Employment Law Developments

Cozen O'Connor on

In today's new episode, Michael Schmidt talks about social media and schools (and what that means for employers generally), spousal claims against employers for getting COVID-19 at home, the withdrawal of the independent...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

K&L Gates LLP

California's Preemption Analysis Creates Circuit Split Making AB-5 Ripe for Supreme Court Review

K&L Gates LLP on

On 30 April 2018, the California Supreme Court issued the seminal decision in Dynamex Operations West, Inc. v. Superior Court, adopting the “A-B-C Test” for determining independent contractor status in the state. The A-B-C...more

CDF Labor Law LLP

The Ninth Circuit Reverses AB5 Injunction

CDF Labor Law LLP on

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

Benesch on

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

ArentFox Schiff on

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

Payne & Fears on

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

Payne & Fears on

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...

Benesch on

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

Troutman Pepper Locke

Tough Month for Football, Interpreting, Energy, and Trucking Industries in Misclassification Cases: November 2020 News Update

Troutman Pepper Locke on

November 2020 was a superb month for ride-sharing and app-based delivery companies and for President-Elect Biden, but was far less favorable to professional sports leagues, interpreting and translation companies, oilfield...more

Epstein Becker & Green

California Court of Appeal Rules That the FAAAA Does Not Preempt State’s Controversial Independent Contractor Test

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The legal landscape surrounding independent contractor relationships in California continues to evolve swiftly....more

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