JUDGE HALTS CALIFORNIA “GIG WORKER” LAW FROM TAKING EFFECT FOR TRUCKERS.
A federal judge has temporarily blocked a new California labor law from impacting more than 70,000 independent truckers. The law, passed late last year, makes it harder for companies to classify workers as independent contractors instead of employees, who are entitled to minimum wage and benefits such as workers compensation.
U.S. District Judge Roger Benitez of San Diego on Tuesday granted a temporary restraining order sought by the California Trucking Association while he considers imposing a permanent injunction.
He said the association is likely to eventually prevail on its argument that the state law violates federal law. He also ruled the truckers would otherwise be likely to suffer irreparable harm, and that temporarily blocking the law from applying to truckers is in the public interest.
As my wife, who was PJM’s legal counsel until its acquisition last year by Salem, writes in response:
On Tuesday, a Federal Judge in LA issued a temporary restraining order, preventing California from enforcing AB-5 as it pertains to “Motor Carriers” pending a more complete hearing on January 13, 2020. The Plaintiffs in the law suit in which the TRO was granted are asking the court to rule that AB-5 is unconstitutional as applied to Motor Carriers because federal law pre-empts state law when it comes to that classification of workers.
There’s some interesting language in the order. The order refers to the Motor Carrier as “the independent contractors that they are.” That they are? Not “that they allege” they are?
Note “Motor Carriers” has a specific definition under federal law, and the statutes being litigated have many exceptions. So this is a very narrow ruling. But it’s a start.
Faster, please, to coin a phrase.