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California Truckers Lose 9th Cir. Worker Classification Bout (3)

April 28, 2021, 4:53 PMUpdated: April 28, 2021, 9:00 PM

California truckers aren’t exempt from a rigid standard that makes it harder for workers to be classified as independent contractors, a divided Ninth Circuit panel said Wednesday, ruling that the state law isn’t preempted by federal law.

The California law, which codified the so-called ABC test, isn’t preempted by the Federal Aviation Administration Authorization Act and it doesn’t impermissibly regulate truckers’ prices, routes, and services, the U.S. Court of Appeals for the Ninth Circuit said in an issue of first impression.

Its ruling lifted a preliminary injunction, granted in January 2020, that prevented enforcement of the three-part worker test on ...

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