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 […]

Fourteen States Join California in a Commitment to Phasing Out Diesel Trucks

  The California Air Resource Board (“CARB”) recently adopted a new rule requiring truck manufacturers to transition from diesel to electric zero-emission trucks starting in 2024. The ultimate objective of CARB’s Advanced Clear Trucks (“ACT”) regulation is to eliminate all diesel trucks by 2045 (this blog’s more detailed discussion of the ACT regulation can be […]

Will California’s New Zero-Emission Truck Rule Zero-Out Owner-Operator Opportunities?

  Last week the California Air Resource Board (“CARB”) adopted what it has heralded as a “first-in-the-world” rule requiring truck manufacturers to transition from diesel to electric zero-emission trucks starting in 2024. CARB anticipates that by 2030, nearly one in three new tractor-trailers in California will have zero emissions. This is likely the first of […]

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 […]

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, […]