Source: Benesch Friedlander InterConnect Flash
​On January 16, 2020, Judge Roger Benitez of the United States District Court for the Southern District of California issued a decision granting a preliminary injunction against enforcing California Assembly Bill No. 5 (“AB5”) with respect to motor carriers in the State of California. As written, AB5 would mandate employee status for any driver performing services within the usual course of the hiring entity’s business. Judge Benitez ruled that such a result is preempted by the Federal Aviation Administration Authorization Act (the “FAAAA”). Full decision is attached here for your review and use.