SACRAMENTO – The California Trucking Association (CTA) has filed a motion for preliminary injunction to cease enforcement of Assembly Bill 5 on the industry. The case is set for hearing on Thursday, Dec. 19 in U.S. District Court for the Southern District of California.
AB 5 would place more restrictions on employers from classifying workers as contractors, and independent truckers want an exception from this law, which takes effect on Jan. 1.
With the passing of AB 5, a three-factor test was established as law to decide a worker’s status as an independent contractor, causing much concern for many employers and employees throughout the state.
The three-factor test requires that (a) the worker is free from the hiring company’s control and direction in the performance of work; (b) the worker is doing work that is outside the company’s usual course of business; and (c) the worker is engaged in an established trade, occupation, or business of the same nature as the work performed.
“Our motion to file a preliminary injunction with the Southern District Court was executed to prevent any irreparable damage from befalling the 70,000 independent owner-operators, which will occur when AB 5 goes into effect on Jan 1, 2020,” said Shawn Yadon, CEO of the CTA in a statement. “We have a court case currently underway, which presents the federal protections California truckers have that preempt AB 5, and until our case is heard, these truckers need to be able to continue supporting the vitality of our state’s commerce.”
The CTA has been adamant in the fight to protect its industry from the ABC test created through the Dynamex Supreme Court Decision even before AB 5 was introduced, its website says.
“In 2018, California Trucking Association (CTA) and two California independent owner-operator truck drivers sued the state of California to prevent the application of the ‘ABC’ test to the trucking industry,” reads an article on its website. “On Nov. 12, CTA amended its lawsuit to add claims challenging AB 5. We will continue to update our members as the lawsuit progresses.”