As of the time of writing, Julie Su is going through the nomination process to become the Secretary of the Department of Labor, where she will lead numerous faucets of government such as the Bureau of Labor Statistics. Her nomination has been a tumultuous one, with many trucking industry organizations voicing dissent against making her […]
AB-5, a law regarding the classification of workers depending on a variety of standards, may be the law of the land in the most populous state, California, but that is not stopping the trucking industry from challenging it from applying to the industry. Now, the California Trucking Association (CTA) and Owner-Operator Independent Drivers Association (OOIDA) […]
You might remember the entire debacle regarding California’s AB-5 bill, intended to prevent the misclassification of workers, and how it applies to independent owner-operators driving under the Authority of another carrier. While the case is mostly settled for trucking companies within California’s borders, the Owner-Operator Independent Drivers Association is fighting to have it not apply […]
The day has finally come.The federal district court that initially placed the injunction against California Assembly Bill 5 for trucking, at the behest of the Ninth Circuit Court of Appeals, has removed that injunction as of August 29th. The California Trucking Association is not giving up!Timeline of EventsCalifornia’s Assembly Bill 5 became law at the […]
In today’s world, the news moves quickly. We reported recently about how the AB-5 protests in the port of Oakland, Long Beach, and Los Angeles were subject to blockage due to protests against California’s Assembly Bill 5, which would outlaw the owner-operator model except under specific circumstances. At this point in time, however, things have […]
On July 18, protesters blocked the Port of Oakland, as a response to Assembly Bill 5 (AB5), resulting in a 95% decline in operations. Owner-operated truck drivers make up 90% of the Bay Area port operations, but that quickly came to a halt when protesters blocked trucks from getting into the port. The original protest […]
Following the Supreme Court of the United States declining to hear the case regarding AB-5 and how it applies to the truckers of California, truckers in California have taken to the streets to voice their concerns via protesting.DetailsStarting July 13th and still going at the time of the writing of this article, approximately 100 truckers […]
With the United States Supreme Court declining to hear CTA v. Becerra, the AB-5 law is expected to apply to truckers within California imminently. Aside from passing all three sections of the ABC test, there is another, lesser known exemption to the AB-5 rule that may allow California truckers to continue operating under the Authority […]
The Supreme Court has announced in an end-of-term orders list that it will not be reviewing CTA v. Becerra, making the Ninth Circuit Court of Appeals verdict the official law of California.DetailsJudge Roger Benitez issued an injunction against the AB-5 law roughly two years ago, saying that the AB-5 law, when placed on the trucking […]
It has been over a year since the Ninth Circuit has ruled in favor of California’s AB-5 law. The California Trucking Association had appealed to the United Supreme Court, and the injunction has stayed in place ever since. Could the Supreme Court hold a hearing regarding the case before its current Term ends?DetailsThere are four […]
In the latest update of the AB-5 saga, the California Trucking Association, disgruntled with the 9th Circuit Court’s ruling on Justice Roger Benitez’s injunction on California Assembly Bill 5, hopes to take the fight to the Supreme Court.
Nine months ago we wrote about how the case of CTA v. Becerra had an injunction on it, allowing owner-operators to continue leasing under another trucking company’s authority. Now, over a year since the injunction was first placed, it appears the end may be in sight. The ninth circuit has ruled that AB-5 is not […]
On November 19th, the California Court of Appeals reversed the court decision in People v. Cal Cartage Transportation Express, LLC. In short, the appeals court ruled that the “ABC” test that comprises the heart of AB-5 is not in contradiction with federal law and as such is not overridden by it. The California Court In […]
We at TopMark Funding have written about the AB-5 bill before. In the last article covering the bill, we talked about how U.S. District Judge Roger Benitez issued a preliminary junction against it, meaning that until the lawsuit between the State of California and the California Trucking Association (CTA) is resolved, the default position is […]
We have written about AB-5 and its federal counterpart before. The law, intended to curb workplace abuse by making it harder to classify a worker as an independent contractor, has legal issues for owner-operators hoping to work under a larger carrier such as Landstar. If this is you and you were worried about losing your […]
You might remember from last week that we wrote about California Assembly Bill No. 5 and its potential effects on the trucking industry as a whole. The article ended by mentioning other states following suit. Now, the House of Representatives has passed their parallel to AB5, called the Protecting the Right to Organize (PRO) Act. […]
On September 19th, 2019, the governor of the most populous state in the country signed Assembly Bill No. 5 into law. It went into effect at the beginning of 2020 but has since been blocked by a federal judge as of January 16th. While originally intended to prevent worker exploitation in the new “gig economy”, […]
