California Appellate Tracker

California Trucking Ass’n v. Su

October 17, 2018

The Federal Aviation Administration Authorization Act does not preempt the California Labor Commissioner from examining whether truck drivers are independent contractors or employees entitled to the benefit of California's wage and hour laws.

The Federal Aviation Administration Authorization Act does not preempt California Labor Commissioner’s use of the state’s Borello test to determine whether truck drivers are independent contractors or employees entitled to the benefit of California’s wage and hour laws. Application of state law in a traditional area of state regulation is not “related to” prices, routes, or services, and therefore is not preempted by the FAAAA.

Ninth Circuit Court of Appeals (Tashima, J.); September 10, 2018; 2018 U.S. App. LEXIS 25567

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California Trucking Ass’n v. Su

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