Status of United States Supreme Court’s Review of AB 5

On April 13, 2021, Cal Cartage Transportation Express petitioned the United States Supreme Court for a Writ of Certiorari, presenting the following question: “Does the Federal Aviation Administration Authorization Act, which expressly preempts state laws ‘related to a price, route, or service of any motor carrier,’ 49 U.S.C. §14501(c)(1), preempt state worker-classification laws that have an effect on a motor carrier’s prices and services by discouraging the use of independent contractors?”  The petition stems from the Ninth Circuit’s ruling that prong B of AB2257, California’s “ABC” worker classification law, was not preempted by the FAAAA.  At the Court’s request, the State of California filed a response on July 2, 2021, and  Cal Cartage filed a reply brief on July 20, 2021.  Amici briefs have been filed by a number of trucking associations, noting that the split in authority on the issue of preemption and the prevalence of multiple independent contractor tests has an adverse impact on independent owner-operators.  The case is scheduled for conference on September 27, 2021.  Copies of the filings in Case No. 20-1453, Cal Cartage Transportation Express, LLC v. California, can be accessed here: Search – Supreme Court of the United States