Posts tagged U.S. Court of Appeals for the Ninth Circuit

    News Article ● Labor Unions

    AB5 specifically targets interstate truckers, OOIDA says

    August 8, 2024 // “AB5’s blanket prohibition of leased owner-operators constitutes an unreasonable burden on interstate commerce in violation of the dormant Commerce Clause of the U.S. Constitution under the test established by the Supreme Court in Pike v. Bruce Church Inc.,” OOIDA wrote. “Under Pike’s balancing test, AB5’s burden on leased owner-operators is absolute, and the benefits to the state are minimal, if not illusory. There is no cost truckers can incur or administrative hurdle they can overcome to keep their independent contractor small businesses as leased owner-operators.”

    AB5 ABC test Business to Business exemption California California Trucking Association Commerce Clause Equal Protection Clause interstate commerce Owner-Operator Independent Drivers Association Pike v. Bruce Church truck drivers U.S. Constitution U.S. Court of Appeals for the Ninth Circuit worker classification

    News Article ● Labor Unions

    Trucking groups appeal AB5 ruling to Ninth Circuit

    April 16, 2024 // California signed AB5 into law in 2019. The worker classification law is based on the ABC Test, which requires a business to demonstrate three factors are established before a worker can be deemed an independent contractor. The “B prong” of the ABC Test appears to prevent a trucking company from classifying a truck driver as an independent contractor regardless of the level of control or any other factors. The California Trucking Association and OOIDA contend that AB5 imposes undue burdens on interstate commerce in violation of the dormant Commerce Clause. In addition, OOIDA and the state trucking group have said that the law’s decisions on who it exempts violate the U.S. and California constitutions’ equal protection clauses.

    AB5 ABC test California California Trucking Association Commerce Clause Federal Aviation Administration Authorization Act OOIDA owner-operator truckers truck drivers U.S. Court of Appeals for the Ninth Circuit U.S. Supreme Court

    News Article ● Unions

    SCOTUS won’t hear two public-sector union cases

    March 7, 2022 // The U.S. Supreme Court recently rejected petitions in two cases related to public-sector union policy. The last such case the court heard was Janus v. AFSCME in 2018.

    AFSCME Local 52 agency fees Ballotpedia Barack Obama Bill Clinton Bridget S. Bade Circuit Judges class action suit Creed v. Alaska State Employees Association Federal civil rights violations First Amendment good faith bargaining Hamidi v. SEIU Hamidi v. Service Employees International Union Judge Andrew Hurwitz Judge H. Russel Holland Judge William B. Shubb Liberty Justice Center Local 1000 lower court for consideration National Right to Work Legal Defense Foundation Ninth Circuit panel opt-out Patrick Bumatay President George H.W. Bush President Jimmy Carter public-sector union policy Ronald Reagan Section 1983 Senior Judge Atsushi Wallace Tashima Senior Judge Mary Schroeder Trump Administration U.S. Court of Appeals for the Ninth Circuit U.S. District Court for the District of Alaska U.S. District Court for the Eastern District of California U.S. District Judge for the District of Vermont William K. Sessions U.S. Supreme Court Woods v. Alaska State Employees Association Woods v. ASEA