Posts tagged Dormant Commerce Clause
Truckers tell Ninth Circuit that California law unfairly bans independent contractor drivers
April 10, 2025 // Though a business-to-business exemption is available under the law, the association says members can't apply because they have to follow contradictory federal law that says trucking companies need to have exclusive control over trucks involved in interstate commerce. “One of the requirements of the business-to-business exemption is that the worker be free from the control of the business. Leased owner-operators in inter-state commerce must comply with federal regulations called the Truth In Leasing regulations which require the motor carrier to have exclusive possession and control of the vehicle and the operation of that vehicle in inter-state commerce. Whatever the scope of that control is it can’t be squared with the B2B requirement that the worker be free from control. It’s irreconcilable,” Cullen said.
End of an era: California Trucking Association dropping appeal against AB5
August 23, 2024 // The high-water mark of CTA’s fight came on New Year’s Eve 2019 when Judge Roger Benitez of the U.S. District Court for the Southern District of California handed down an injunction blocking AB5’s enforcement against trucking in the state. But from that point, the CTA suffered a series of losses. An appellate court in a 2-1 decision overturned the injunction in April 2021. The CTA took the appeal to the Supreme Court, which denied review in June 2022 and kicked the case back to the District Court.