AB5 Injunction Lifted, but CTA Plans to Renew Challenge - Drivers

AB5 Injunction Lifted, however CTA Plans to Renew Problem – Drivers

An AB5 protester on the Vincent Thomas Bridge on the Port of LA facet in July.

Picture: LA/LB Port Drivers

A preliminary injunction that had barred California from implementing its AB5 regulation has formally been lifted — however trucking shouldn’t be giving up on difficult this regulation that severely restricts using unbiased contractors.

On Aug. 29, Decide Benitez of the U.S. District Court docket for the Southern District of California held a listening to within the California Trucking Affiliation’s problem to enforcement of AB 5 in opposition to the trucking trade. As anticipated, Decide Benitez lifted the injunction, which had been reversed by the Ninth Circuit, in line with a regulation alert from the attorneys Scopelitis, Garvin, Mild, Hanson & Feary.

The motion has been anticipated ever for the reason that U.S. Supreme Court docket in late June declined to evaluation the case, California Trucking Affiliation v. Bonta. That put the case again into the arms of the appellate courtroom, which handed down a mandate to the district courtroom ordering the reversal of the injunction.

AB5 (California Meeting Invoice 5) is a 2019 regulation requiring an ABC check that restricts companies from classifying staff as unbiased contractors if these staff are in the identical enterprise.

Many assumed the Supreme Court docket’s refusal to listen to the case would imply AB5 would turn out to be the regulation of the land for trucking, resulting in owner-operator protests at California ports — and it has, for now.

However the case shouldn’t be over.

CTA’s argument that AB5 as utilized to trucking in California violates components of the Federal Aviation Administration Authorization Act was solely argued by motions on the injunction, not in a full courtroom process.

The affiliation will now pursue the case from the start and has requested for a brand new injunction. Briefing on the brand new movement for an injunction will happen this fall, in line with Scopelitis.

As well as, the courtroom will think about a movement from the Proprietor-Operator Impartial Drivers Affiliation to intervene within the case.

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