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Judge temporarily exempts truckers from AB5

Tim Hearden Truck hauling hay
A truck owned by a farm in Winters, Calif., carries hay.
Hearing on lawsuit by California Trucking Association set for Jan. 13

In a New Year's Eve ruling, a U.S. District judge in San Diego granted a temporary restraining order blocking the state from enforcing Assembly Bill 5 upon independent truckers while he considers a permanent injunction sought by the California Trucking Association (CTA).

A hearing is scheduled for Jan. 13.

Effective Jan. 1, AB 5 creates new standards by which employers classify a worker as either an independent contractor or an employee.  In November, the CTA filed a lawsuit in U.S. District Court for Southern California seeking a declaration that AB 5’s employment test does not apply to the trucking industry, contending that the law is preempted by a 1994 federal statute that prohibits states from making laws that affect the price, route or service of freight-hauling motor carriers.

In granting a temporary restraining order for truckers, the judge wrote that plaintiffs “have carried their burden for purposes of emergency relief to show (1) that they are likely to succeed on the merits, (2) likely to suffer irreparable harm in the absence of relief, (3) that the balance of equities tips in their favor, and (4) that their requested relief is in the public interest.”

Similar lawsuits seeking exemptions from AB 5 have been filed on behalf of photographers and freelance writers.

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