AB5

The Solicitor General recommended the US Supreme Court not hear the California Trucking Association’s (CTA) case against the State of California and their controversial law AB5, which basically bans independent, entrepreneurial truck drivers in the state.

The Solicitor General is the federal government’s representative before the Supreme Court, and their opinion on AB5 was no surprise to industry insiders nor is it a bellwether for court’s direction as they often accept cases in opposition to the Solicitor General.

The CTA remains optimistic the high court will hear the case and rule in their favor. California’s AB5 is in direct violation of the Federal Aviation Administration Authorization Act (F4A) as it runs afoul of interstate commerce by interfering with routes, rates and pricing. Additionally, there is dissent in Circuit Court opinion on subject of utilizing the “ABC Test” to determine contract versus employee status.

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