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California wants AB 5 injunction overturned; appeals to Ninth Circuit

09/04/2020 12:09 PM | Anonymous member (Administrator)

In another sign that California is not on board with many of the federal government’s attempts to force compliance on various issues, the state has asked a Ninth Circuit Court of Appeals panel to require trucking companies to comply with the state’s labor law codified in Assembly Bill 5. AB 5 put into place the ABC test which lays out a series of rules as to how workers are classified.

Freight carriers have been attempting to skirt the law by saying it is at odds with federal regulations. In a lawsuit, the California Trucking Association (CTA) argued the federal law should preempt state law because many carriers are involved in interstate commerce and that it is unfair to have different rules just because a trucker passes over a state border. 

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