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, […]