The California Supreme Court Provides New Guidance on How AB 5 Could Impact Independent Owner-Operator Truck Drivers Based Throughout the Nation

  The California Supreme Court recently issued two decisions that shed light on the question of whether AB 5 would be imposed on owner-operator truck drivers who spend a majority of their time outside of California.[1] These decisions may influence the pending legal challenge to the application of AB 5 to the trucking industry. The […]

California’s AB 5 Lawsuit Against Uber and Lyft: What it Means to Perform Work “That Is Outside the Usual Course of the Hiring Entity’s Business.”

  One of the biggest challenges to assessing AB 5’s impact on the owner-operator model has been ambiguity about how it will be enforced by California. Particularly at issue is Part B of the ABC test codified by AB 5. An employer who wishes to treat their workers as independent contracts must be able to […]

OOIDA Files Amicus Brief in Support of Current Injunction of AB 5 Enforcement

  The Cullen Law Firm, PLLC filed an amicus brief on behalf of the Owner-Operator Independent Drivers Association (“OOIDA”) in support of the preliminary injunction currently preventing California from enforcing the state’s new worker classification law AB 5. The United States District Court for the Southern District of California imposed the injunction earlier this year […]

Is the FAAAA Preemption Writing on the Wall for AB 5?

  Motor carriers and owner-operators are closely watching the State’s appeal of the preliminary injunction granted in the California Trucking Association’s (“CTA”) legal challenge to AB 5. There is reason to believe the United States Courts of Appeals for the Ninth Circuit will affirm the district court’s holding that AB 5 is likely preempted by […]

FAAAA Delay: Curves Ahead for AB 5

  Judge Benitez of the United States District Court for the Southern District of California recently granted the California Trucking Association’s (“CTA”) motion for preliminary injunction enjoining the enforcement of AB 5.[i] This week California and intervening-defendant the International Brotherhood Teamsters filed interlocutory appeals from that decision to the United States Court of Appeals for […]

The ABC’s of AB5: California’s New Employment Classification Law

Last year, California’s governor signed AB 5 into law establishing a new test for determining whether a worker should be classified as an employee or an independent contractor. This classification determines the rights and benefits to which a worker is entitled. Commonly referred to as the ABC test, it went into effect on January 1, […]