AB 5 injunction for trucking hangs by a thread - Spidell

AB 5 injunction for trucking hangs by a thread


The California Trucking Association has officially asked the U.S. Supreme Court to review its case against AB 5 and its applicability to the trucking industry.1

In April 2021, the Ninth Circuit Court of Appeals overturned the injunction that blocked California’s enforcement of the AB 5 ABC worker classification test against motor carriers and independent owner-operators conducting business in the state. Then in June 2021, CTA filed a petition to appeal the panel’s ruling, but the petition was denied. The CTA requested that the court stay the issuance of the mandate in preparation to appeal to the Supreme Court.

However, if the Supreme Court denies to review the case, the trucking industry’s stay against AB 5 would end immediately per the wording of the order that has allowed the injunction to remain in place.

1 Kingston, J. “CTA’s last hope to protect California trucking from AB5: US Supreme Court” FreightWaves. Available at: www.freightwaves.com/news/ctas-last-hope-to-protect-california-trucking-from-ab5-us-supreme-court