What’s New in Employment Law?

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CA Judge Holds Federal Law Preempts Part of AB 5 (Independent Contractor) Law…. (Updated)

by D. Gregory Valenza | |

….as applied to certain truckers covered by federal interstate trucking law.  Here’s an article in the LA Times.   The Superior Court’s ruling is here. The state will appeal to state appellate court in this case.

There is also federal litigation on the same issue pending. A federal court issued a temporary restraining order against AB 5 on the same basis – federal law preempts the law as applied to truckers covered by the Federal Aviation Administration Authorization Act of 1994. The federal district court will consider a preliminary injunction later this month.  The loser in federal court will go to the 9th Circuit. Note that the 9th Circuit is stingy about FMCSA preemption, but also note that the 9th Circuit’s had some personnel changes of late.

In other AB 5 news, some freelance writers tried suing to block the law on different federal preemption grounds, but were denied a temporary restraining order. A federal court will consider a motion for a preliminary injunction in due course.

Most employers and independent contractors remain bound by AB 5.  So, don’t be fooled by headlines that the ENTIRE law is preempted.  Cause it’s not.



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