Truckers. (Photo: Wikipedia)
9th Circuit Court of Appeals Rules Truckers Are No Longer Exempt From AB 5
Court votes 2-1 in favor of AB 5, Trucking group mulls appeal
By Evan Symon, April 29, 2021 11:00 am
The 9th U.S. Circuit Court of Appeals ruled 2-1 on Wednesday that truckers would no longer be exempt from the state’s AB 5 worker classification law, forcing many to become employees rather than independent contractors.
Press play to hear a narrated version of this story, presented by AudioHopper.
In September 2019, California passed Assembly Bill 5, a then-bill that set to limit independent contractors, confirm union representation rights, and ensure employee rights to full-time employees. The new law would also drastically increase the number of employees due to the strict ABC test that essentially made all workers employees unless 3 certain factors were met.
Trucking was one of the first industries to go out against the law. In the lead up to AB 5 becoming law on January 1, 2020, driver leasing companies saw a huge spike in business from places that couldn’t retain drivers who were employees. Most companies relied on truckers for flexibility and picking and choosing when certain things were shipped as well, with many fearing a trucking crunch in the state.
However, shortly after AB 5 became law, truckers became exempt thanks to a Los Angeles County Superior Court ruling that found AB 5 covering truckers was unconstitutional. Specifically, it found that the 1994 Federal Aviation Administration Authorization Act (FAAAA) said that states are prohibited from enforcing laws that give “a price, route or service of a motor carrier with respect to the transportation of property.” Effectively, it gave independent truckers the right to operate in every state to both make uniform federal laws possible for easy interstate commerce and to create fair competition.
The trucker exemption sparked a revolt by many industries to fight against being included in AB 5. This culminate in AB 5’s flagship industry that needed to receive the new employee rules, rideshare drivers, being exempt via a statewide proposition in November.
However, despite the law crumbling in other industries, the trucker exemption was brought to the appellate court by the California attorney general and the International Brotherhood of Teamsters, who argued that they should be covered under AB 5.
Despite oral arguments being presented back in September 2020, multiple factors delayed the decision from coming out until Wednesday.
In their ruling, the Appellate Court found that AB 5 was applicable to truckers, and that the FAAAA did not block them from being covered under the new law.
During oral arguments in September, the California Trucking Association (CTA) argued against truckers falling under AB 5, even using the words of AB 5 author, Assemblywoman Lorena Gonzalez (D-San Diego), against it.
“It contains numerous exceptions for numerous industries and professions categorically and contains other exceptions for other industries and professions that are conditionally available,” noted CTA lawyer Andrew Tauber last year. “It actually specifically targets the trucking industry.
“[Gonzalez] says AB5 was designed to eliminate what she characterized as the ‘outdated’ model whereby motor carriers use independent owner-operators to deliver services to their customers. So it simply can’t be maintained on the record that this was a law of general applicability.”
Court rules 2-1 in favor of AB 5
However, Appellate Judges Sandra S. Ikuta and Douglas P. Woodlock didn’t agree, finding that the FAAAA simply didn’t cover truckers due to not being related to rates, routes, or other associated services.
“AB 5 is a generally applicable labor law that affects a motor carrier’s relationship with its workforce and does not bind, compel or otherwise freeze into place the prices, routes or services of motor carriers,” said the judges in their decision on Wednesday. “Therefore, we conclude that the FAAAA does not preempt AB 5 as applied to motor carriers.”
Judge Mark J. Bennett dissented, reiterating that he found that the truckers should not be covered by AB 5.
“I do not agree that a law like AB5 – which affects motor carriers’ relationships with their workers and significantly impacts the services motor carriers are able to provide to their customers – is not related to motor carriers’ services and thus is not preempted. AB 5 both affects motor carriers’ relationship with their workers and significantly impacts the services motor carriers are able to provide to their customers, and it therefore is pre-empted as applied to California Trucking Association’s members.
“The California Trucking Association’s members will now suffer irreparable injury.”
While many labor activists and labor groups cheered the decision on Wednesday and Thursday, the Trucking Association said that it would continue to fight the ruling and to fight the ruling from being enforced.
“We continue to stand by our initial claim that the implementation of AB 5’s classification test is pre-empted by federal law and is clearly detrimental to the long-standing and historical place California’s 70,000 owner-operators have had in the transportation industry,” said CTA CEO Shawn Yadon on Wednesday. “The California Trucking Association will take any and all legal steps necessary to continue this fight on behalf of independent owner-operators and motor carriers operating in California.”
Many truckers also reacted negatively to the news.
“This is going to hurt us so much,” said Roberto Fox, an independent trucker from Southern California, to the Globe. “AB 5 is going to make everything uniform and non-flexible, especially in terms of hours and what trucks we drive. We need truckers now more than ever, especially with gas stations expecting to run out of gas this summer due to a shortage of truckers.”
“This is all very bad, and I don’t see how anyone can even think this helps us or anyone really.”
The CTA is currently deciding whether or not to appeal the decision. If appealed, it would likely be heard by the circuit court en banc, meaning all judges on the court would hear the case.
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This is just more social activism, anti-small business capitalism, by California legislators and courts. Interstate commerce comes under Federal jurisdiction. This ruling should be overturned by the SCOTUS eventually. But, at this time in history, even THAT is open to question.
This is HUGE and will be impacting not only truckers (and there’s a shortage of them now) but consumers because of additional (and unnecessary) supply chain issues, thus availability of goods and their price. Again, it will impact the poor and people just getting by the most, and at the worst possible time. Good job, 9th Circuit and Lorena “AB5 The Job Killer” Gonzalez! You’re a woman of the people. NOT!
Best wishes and best of luck to the truckers’ association fighting this. WHY are these legislators working day and night to try to hurt working people? Why are they not ashamed of themselves?
Why? Showandtell, because they are Marxists. What is best for the people or ethics/morality have NOTHING to do with their actions – Power and Control is their goal, ALWAYS. Amazon, Google, Facebook; the Global corporations don’t need independent truckers; they have employees who can be CONTROLLED. These giant corporations are aligned with the Marxists; as odd as this seems. It’s part of the so-called “global reset.” That’s why Mr. Trump is their enemy.
YES.
This will lead to PRICE INCREASES, SHORTAGE OF STOCK, and many other problems, but hey Democrats have mastered creating problems
So 6 mths later what these people who posted comments has come to pass. Yet the so called News is silent on what is a major contributor to what’s going on in CA with 60 plus ships unable to be unloaded.
California was the world’s first successful Communist revolution.
Lincoln extended the Communist revolution to the rest of These United States of America, which became a private corporation called The United States of America.
Congratulations to the 9th circuit you just prove to the people of California, that going to school for such a long time does not make you smart, is unfortunate that how we are destroying our economy in favor of Russian type communizing being enforce to us.
this is America a capitalist country what are we thinking.
we are just destroying our economy little by little for years this work for many people now a woman with ambitions to get better a job with the union decide to impose this stupid law on the trucking industry.
all i know is when this trucks are needed they will not be there and a price of gallon of milk will cost $20.00, our incredible government will issue more food stamps yeeeeeiiiihhhh.