Labor/Employment,
Civil Litigation
Nov. 23, 2020
Truckers may be misclassified as contractors, court rules
The core question addressed by the court of appeal's three-justice panel was whether the federal law preempts California's application of the "ABC" test to truck drivers working with federally licensed interstate motor carriers.
Truck drivers in Southern California are not exempt from the "ABC" test set forth in Assembly Bill 5 and may have been misclassified as independent contractors, a state court of appeal ruled. The opinion overturned a lower court's ruling that the test is preempted by federal law.
Under the Federal Aviation Administration Authorization Act, states cannot issue laws that impact the prices, routes, or services of motor carriers - or tru...
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