A bunch of truck drivers on strike holding signs

Yesterday, the US Supreme Court denied the California Trucking Association’s (CTA) petition for certiorari (a writ or order for which a higher court reviews a decision of a lower court) in its case against the State of California regarding AB5.

California’s AB5 redefined who can be classified as an independent contractor by tossing out decades of case law and implementing the ABC test instead. The ABC test says you can be an independent contractor if all of these apply: A) free from the control and direction of the hiring entity in connection with the performance of the work and in fact, B) perform work that is outside the usual course of the hiring entity’s business, and C) are customarily engaged in an independently established trade, occupation or business of the same nature as that involved in the work performed.

AB5 went into effective January 1, 2020, but an injunction has been in place precluding its enforcement in the trucking industry. With the high court’s denial to review, the injunction will be lifted, and the law’s application will be retroactive.

It is still too early to advise what the next steps will be for the state’s 70,000 independent truck drivers or the trucking industry.

We will keep you posted.

Latest News

NOTHING WITHOUT TRUCKING

Please take a few minutes to watch Episode 1 of DRIVEN. It is an impactful docuseries highlighting the lives and contributions of professional truck drivers. Being a driver has positively impacted these drivers' lives, the lives of those around them and the industry...

TARIFF UPDATE

Following the tariffs is like Whack-A-Mole. You just never know what is going to pop up where. Today is the day the extensions expire, and here are where things stand at the time this newsletter was sent: Brazil: President Trump signed an Executive Order implementing...

ENDANGERMENT FINDING ON ENDANGERED LIST

The 2009 Endangerment Finding identified Greenhouse Gas (GHG) emissions as a risk to public health. Once identified as such, the Environmental Protection Agency (EPA), under the Clean Air Act, is authorized to regulate GHG emissions from power plants, trucks, cars,...

THANK YOU MOTORISTS

The National Highway Traffic Safety Administration (NHTSA) announced for the twelfth consecutive quarter roadway fatalities were down. This decline is despite the rise in vehicle miles traveled. This is music to our ears and means you are all being safer drivers. With...

CARGO THEFT

Cargo theft has been hijacked by organized crime. It was bad enough when cargo was stolen by one-off thieves looking for a quick score. Now, the industry has to deal with transnational criminal organizations who use sophisticated tactics to steal cargo. It is a $35B a...

Share This