Ninth Circuit Holds That The FAAA Does Not Preempt California’s Common Law Independent Contractor Test, But Holds The Door Open For Preemption Of The More Restrictive “ABC” Test

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Ross Boughton

Executive Summary:  In recent years, courts throughout the nation have grappled with the interplay and potential conflict between state employment laws and the Federal Aviation Administration Authorization Act (“FAAAA”), which generally prohibits states from enforcing any law  “related to” a motor carrier’s “price, route, or service. . . with respect to the transportation of property.”  49 U.S.C. § 14501(c)(1).  The issue typically arises when a state employment law imposes employee requirements or restrictions that have an actual or potential impact on how a motor carriers operate or the price they charge.    Continue reading