MTAC and its affiliated state trucking associations have filed an amicus brief with the U.S. Supreme Court. The amicus brief asks the Court to accept the California Trucking Association’s (CTA) petition for writ of certiorari, which means CTA wants the Supreme Court to agree to hear an appeal of a ruling from the Ninth Circuit Court of Appeals. The subject of the court challenge is recently-enacted California law known as AB 5, which will essentially end the use of independent contractors in the trucking industry in California, unless the U.S. Supreme Court overrules the Ninth Circuit Court of Appeals.
AB 5 would apply to carriers and their independent contractors who operate in California, even if they are not based there. Because of that, AB 5 has ramifications far beyond the borders of California. It will impact businesses and independent contractors nationwide. Additionally, this type of law that would ban independent contractors could be enacted in other states. As the amicus brief states, “Just as political pressure resulted in AB-5’s enactment by the California Legislature, legislatures in other States will face pressure to enact counterpart statutes.” The amicus brief from MTAC and affiliated state trucking associations demonstrates to the US Supreme Court that AB 5 is not just a California issue, but it is a significant national issue, and as such, the Court should agree to take the case.
CTA, MTAC, and our affiliated state trucking associations believe that California statute known as AB 5 is preempted by a federal law known as the Federal Aviation Administration Authorization Act (FAAAA), and cannot be enforced on the trucking industry. The brief states, “The FAAAA’s preemptive language bars states from “enacting or enforcing a law, regulation, or other provision…related to a price, route, or service” of any carrier with respect to the transportation of property. 49 USC 14501(c)(1).” The brief then discusses exactly how a ban on independent contractors would impact prices, impact routes, and impact services.
A copy of the brief filed with the U.S. Supreme Court is available as a PDF for download.