Trucking Contract Hauling Forms for Los Angeles
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FAQ
And truck drivers by definition are engaged in trucking firms' usual course of business, so AB5 precludes them from ever being classified as independent contractors, the company said.
The California Trucking Association is asking the U.S. Supreme Court to review a state independent contractor law known as AB 5 that it argues should be exempt from enforcement for motor carriers based on federal pre-emption.
If you are exempt from AB5, you must still pass the Borello test to be qualified as an independent contractor. Owner-operators are currently not exempt from AB5, but lawsuits have been filed, and the trucking industry is hoping for restraining orders, injunctions, and/or federal preemption to stop AB5.
Owner-operators of freight trucks in California may be classified as employees, federal court rules. April 28, 2021 Updated: April 29, 2021 p.m. The Ninth U.S. Circuit Court of Appeals in San Francisco overruled Benitez in a 2-1 decision Wednesday and said California could apply its law to the truckers.
In Dynamex, the California Supreme Court made clear that a delivery or truck driver could be classified as an independent contractor only if the worker is the type of traditional independent contractor such as an independent plumber or electrician who would not reasonably have been viewed as working in the hiring
In April, California's Ninth Circuit Court of Appeals ruled that the ABC test within AB 5 for determining independent contractor status in California should apply to the trucking industry, essentially banning the leased owner-operator model in the state.