Trucking news and briefs for Wednesday, Dec. 14, 2022:
The Owner-Operator Independent Drivers Association last week filed a motion in the U.S. District Court for the Southern District of California for a preliminary injunction to halt the enforcement of California’s AB 5 law.
The independent contractor classification law was challenged by the California Trucking Association, OOIDA, American Trucking Associations and other trucking groups, but the U.S. Supreme Court at the end of June declined to hear the case, allowing the law to take effect. As reported in October, however, enforcement has been light so far. CTA originally filed the lawsuit against the law in late 2019, arguing the 1994 Federal Aviation Administration Authorization Act (FAAAA) preempts any state-level laws that would “interfere with prices, routes and services” of motor carriers.
After the Supreme Court’s denial, the case went back to the district court for reconsideration.
OOIDA, who was allowed by the court in September to be an intervenor in the case, said its request for a preliminary injunction is the first opportunity for the group “to ask the court for temporary relief from AB 5 for its owner-operator independent contractor truck driver and motor carrier members.”
The motion claims that AB 5 is a violation of the Commerce Clause in the Constitution, adding that AB 5 ”will cause irreparable harm to motor carriers and drivers that outweighs the state’s interest in the application of AB 5.”
The injunction is sought for motor carriers who operate in interstate commerce, or, alternatively, carriers whose drivers are not based in California and spend less than 50% of their working time in the state.
