California’s ABC Worker Classification Test Goes to 9th Cir. (1)

A federal appeals court will consider whether California truckers should be classified as contractors, rather than employees, despite the state’s rigid worker classification test.

The U.S. Court of Appeals for the Ninth Circuit will now hear Western States Trucking Association’s challenge to the worker classification standard known as the “ABC test,” which the California Supreme Court adopted last year in Dynamex Operations West, Inc. v. Superior Court. The U.S. District Court for the Eastern District of California dismissed the association’s lawsuit last month, ruling that it hadn’t put forward a plausible case that federal transportation rules pre-empt the state’s ...