2022-27: Truckers’ challenge to AB 5 still in limbo

The injunction that bars AB 5 from being implemented in California’s trucking sector will remain in place for the time being, after the U.S. Supreme Court released its list of orders and California Trucking Association v. Bonta was not on the either the accepted or denial lists. Because the case was not decided by the U.S. Supreme Court by the end of this term, it could be the end of 2022 or the beginning of 2023 before there is further movement on this issue.

On December 31, 2019, in a case brought by the California Trucking Association against the state of California, an injunction was issued, which is still currently in place. The injunction blocks California’s enforcement of the AB 5 ABC test against motor carriers and independent truck owner-operators conducting business in the state. (California Trucking Association, et al. v. Becerra (December 31, 2019) U.S. Dist. Ct., Southern Dist. of Calif., Case Nos. 2:19-cv-10645, 3:18-cv-02458-BEN-BLM; California Trucking Association v. Bonta (April 28, 2021) U.S. Court of Appeals, Ninth Circuit, Case No. 3:18-cv-02458)

If U.S. Supreme Court review is ultimately denied in the California Trucking Association case, AB 5 would go into effect immediately for these transportation workers.

For the most current information on California’s worker classification rules, attend Spidell’s Worker Classification — It’s Not a Choice You Make webinar on June 30. Click here for details.

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