The Fourth District Court of Appeal says the widow of a truck driver failed to show any errors in a lower court’s grant of summary judgment to the trucking company on the basis that her husband was an independent contractor and not an employee. The court found that Delia Molina presented no evidence that the …
The Ninth Circuit Court of Appeal rejected the arguments of the Owner-Operator Independent Drivers Association (OOIDA) that California’s AB 5 and its ABC test are unconstitutional. Argued in April, the driver’s contention was that the statute violated the dormant commerce clause and that the business-to-business exception in the statute also violates the Equal Protection Clause …
Legislators are beginning to add more specifics to spot bills as the legislative session gets underway in earnest. One bill now includes a broad notification provision that employers will have to comply with if it becomes law, while another amended bill carves out a class of workers who would be exempt from California’s ABC test. …
Trucking firms in the construction industry enjoyed an exemption from the state’s ABC test for differentiating between employees and independent contractors. The exemption allowed the firms to continue operating using independent owner-operator drivers. But that exemption ended December 21, 2024. Many firms are now operating in violation of California’s wage and hour and workers’ compensation …