California Trucking Groups Appeal Latest AB-5 Decision
Nobody can say that the American trucker is not resilient.
You likely remember the previous episode of the California AB-5 saga, where Judge Roger Benitez, previously ruling an injunction against AB-5 for the trucking industry, ruled in favor of AB-5. In that article, we wrote:
“Chances are, truckers in California will continue fighting against California’s AB-5 law every step of the way until the Supreme Court gets involved, as it had previously declined to hear the case.”
It looks like that is what is going to happen, as two different trucking organizations are appealing to the Ninth Circuit Court of Appeals.
Details
On April 12th both the California Trucking Association and the Owner-Operator Independent Drivers Association filed appeals to the Ninth Circuit.
What are the odds that the Ninth Circuit will side in favor of either of them? Less than one percent. After all, in 2021 they reversed the previous ruling from Judge Benitez.
We believe this may be a step in a larger move to slowly bring the case up the system until it reaches the doorstep of the Supreme Court again, where the two organizations hope the final word of the highest court in the land will settle the case once and for all. It is a risky move considering what happened in 2022 with the Supreme Court declining to hear the case, but it may just work.
Conclusion
If the plan is to move things through the system in hopes that the Supreme Court will overturn it, it is likely going to take some time for that to happen: last time it took a little over a year from the appeal to the decline.
It is possible that if the trucking industry wants to mitigate California’s AB-5 law so that owner-operators can drive under the Authority of larger carriers, they may have to become a little more creative in how they get it done, such as working to get a ballot initiative going or, as a nuclear option, getting a strike underway. Until some sort of change happens, AB-5 is the default law of California.
ABOUT TOPMARK FUNDING
TopMark Funding is a top-rated semi-truck financing and trailer financing company located in Roseville, CA. We specialize in commercial trucking and heavy equipment. Our mission is to become your long-term financial partner by helping you grow your trucking business and fleet.
We’re not here for the short-term, we’re on the long-haul with you!
We have financing options for trailers, semi-trucks, commercial trucks, and small businesses. We have great rates, low down payments, and flexible monthly payments regardless of credit history.
Learn more about Trailer Financing.
Fill out the contact form or give us a call at (866) 627-6644. One of our truck financing specialists will contact you as soon as possible to go over your truck lease needs and learn more about you and your business financing goals.
