After a recent setback in a California district court, where a judge ruled against the trucking industry’s attempt to block the application of the AB 5 independent contractor classification law to trucking, the industry is once again mobilizing its efforts.
On April 12, the California Trucking Association and Owner-Operator Independent Drivers Association took action by filing an appeal to the Ninth Circuit Court of Appeals. This move comes after the Ninth Circuit, in April 2021, overturned an injunction that had previously exempted the trucking industry from AB 5.
AB 5 established the ABC test for determining worker classification, with the “B” condition posing challenges for the trucking sector. This condition mandates that a worker’s tasks must fall “outside the usual course of business of the company” they contract with to qualify as an independent contractor.
In the March ruling favoring California, District Judge Roger Benitez directed the trucking groups to address their concerns with state lawmakers rather than through the court system.
“Remedying complexities and perceived deficiencies in AB 5 are the kind of work better left to the soap box and the ballot box than to the jury box,” Benitez. “If sufficient political or economic pressure can be brought to bear by Plaintiffs and their supporters, the more onerous provisions of the statute can be amended. The courts, on the other hand, are not the proper bodies for imposing legislative amendments.”
Regarding the appeal to the Ninth Circuit, specific dates for further filings and arguments have yet to be announced.
Source: Commercial Carrier Journal
