{"source_url": "http://www.capoliticalreview.com", "url": "http://www.capoliticalreview.com/capoliticalnewsandviews/court-stops-80000-truckers-from-losing-their-freedom-to-work-in-california/", "title": "Court Stops 80,000 Truckers From Losing Their Freedom To Work in California", "top_image": "http://www.capoliticalreview.com/wp-content/uploads/2015/10/Trucking.jpg", "meta_img": "http://www.capoliticalreview.com/wp-content/uploads/2015/10/Trucking.jpg", "images": ["http://www.capoliticalreview.com/wp-content/uploads/2015/10/Trucking.jpg", "http://0.gravatar.com/avatar/65f2064a37e57620522707056c35577d?s=40&d=mm&r=g", "http://3b9m3d3keq0q4enwal2laffp.wpengine.netdna-cdn.com/wp-content/uploads/2011/08/dmh_banner_234x60.jpg", "http://3b9m3d3keq0q4enwal2laffp.wpengine.netdna-cdn.com/wp-content/uploads/2015/10/Trucking-1024x680.jpg", "http://3b9m3d3keq0q4enwal2laffp.wpengine.netdna-cdn.com/wp-content/plugins/jetpack/modules/sharedaddy/images/loading.gif", "http://1.gravatar.com/avatar/13d9f13d14bd93e8ba69e0746ce09f5b?s=40&d=mm&r=g", "http://1.gravatar.com/avatar/a3d2e134d750218ad3fb55c998c0a9e0?s=70&d=mm&r=g", "http://3b9m3d3keq0q4enwal2laffp.wpengine.netdna-cdn.com/wp-content/uploads/2011/06/landslide_banner_234x60.gif", "http://3b9m3d3keq0q4enwal2laffp.wpengine.netdna-cdn.com/wp-content/uploads/2011/11/Lacey_Logo_for_USJF.gif", "http://3b9m3d3keq0q4enwal2laffp.wpengine.netdna-cdn.com/wp-content/uploads/2017/09/CA_War_Against_Trump_300x250_Static.jpg"], "movies": [], "text": "By\n\nDemocrats passed AB 5, written by the unions to force hundreds of thousands out of work or to pay bribes to unions, if they wanted to work. Among those the unions wanted to steal paychecks from are 80,000 independent truckers, many of whom are Hispanics. Yesterday the law took effect. But, first a judge stopped its implementation till a mid-January hearing. \u201cAt issue in the judge\u2019s order was the so-called \u201cB Prong\u201d of AB5. AB5 adopted almost verbatim wording from the Dynamex case handed down in California in 2018 which set several tests for when a worker should be considered an employee rather than an independent operator. The B part of the ABC test in Dynamex \u2014 the basis for the B prong in AB 5 \u2014 said an owner-operator should be considered an employee unless, as Benitez noted, \u201cthe person performs work that is outside the usual course of the hiring entity\u2019s business.\u201d A trucking company hiring a truck driver who is independent would not meet that test of independence. A trucking company hiring a cleaning company to tend to its headquarters would meet it. Key legal arguments against AB5 have focused on the Federal Aviation Administration Authorization Act of 1994. That federal law has wording on the ability of states to regulate motor carriers. Attorneys for CTA have argued that FAAAA pre-empts AB5, and Benitez was persuaded.\u201d Regardless of the outcome, the cost of shipping will now go up and the cost of goods and services will also go up. At a time when people are leaving California due to high costs and taxes, this is just another reason for folks to save their families and move to a free State. Hope the truckers win the battle\u2014but the people of California lose, no matter who wins in court.\n\nHOMESTEAD AIR RESERVE BASE, Fla. (AFPN) \u2014 Trucks began arriving here to pre-position water, military rations, ice and tarps for the post-hurricane relief effort. The trucks, which began arriving Oct. 20, have delivered supplies from Key West to northern Miami-Dade County since the storm passed. (U.S. Air Force photo by Lisa M. Macias).\n\nBreaking: federal judge temporarily blocks AB5 enforcement against California trucking\n\nJohn Kingston, Freight Waves, 12/31/19\n\nA federal judge has handed down a temporary restraining order blocking the Jan. 1 implementation of California\u2019s AB5 against motor carriers.\n\nAB5 is the law restricting the ability of independent operators \u2014 including truck drivers \u2014 to operate in the state.\n\nIn a case brought by the California Trucking Association, Judge Roger T. Benitez of the U.S. Southern District Court ordered the state not to enforce AB5 against any motor carrier in California, pending a final resolution of the lawsuit brought by the CTA.\n\nWeston LaBar, the executive director of the Harbor Trucking Association, which is closely aligned with CTA, described it as a \u201cminor victory\u201d but said he hoped it was one step toward \u201ca more fruitful\u201d victory in the CTA\u2019s fight against AB5. While the CTA is the lead plaintiff, LeBar said the Harbor Trucking Association, which represents the drayage sector, supported CTA\u2019s efforts and believed it was the preferred organization to lead the legal fight.\n\nAt issue in the judge\u2019s order was the so-called \u201cB Prong\u201d of AB5. AB5 adopted almost verbatim wording from the Dynamex case handed down in California in 2018 which set several tests for when a worker should be considered an employee rather than an independent operator. The B part of the ABC test in Dynamex \u2014 the basis for the B prong in AB 5 \u2014 said an owner-operator should be considered an employee unless, as Benitez noted, \u201cthe person performs work that is outside the usual course of the hiring entity\u2019s business.\u201d A trucking company hiring a truck driver who is independent would not meet that test of independence. A trucking company hiring a cleaning company to tend to its headquarters would meet it.\n\nKey legal arguments against AB5 have focused on the Federal Aviation Administration Authorization Act of 1994. That federal law has wording on the ability of states to regulate motor carriers. Attorneys for CTA have argued that FAAAA pre-empts AB5, and Benitez was persuaded.\n\nIn a footnote, the judge said \u201cthe Court is persuaded by the likelihood of Plaintiffs\u2019 success on the FAAAA preemption ground.\u201d Benitez chose not to address some other CTA arguments; in essence, he appears to be saying that the FAAAA challenge is enough and other legal points don\u2019t need to be considered at this time.\n\nIn another part of his ruling, Benitez said the CTA and other plaintiffs \u201care likely to succeed on the merits.\u201d He also ruled that a restraining order is called for because the plaintiffs are \u201clikely to suffer irreparable harm in the absence of relief\u201d and \u201crelief is in the public interest.\u201d\n\nThe ruling suggests that a truck driver would almost never be found to be an independent owner-operator under the tenets of AB5. \u201cBecause contrary to Prong B, drivers perform work within (court italics) the usual course of the motor carrier hiring entity\u2019s business, drivers will never be considered independent contractors under California law,\u201d Benitez wrote.\n\nAnd the costs of ignoring the law are significant, he added. \u201cIf their interpretation of the statute is correct, Plaintiffs will have to risk criminal prosecution or take significant and costly compliance measures,\u201d he wrote.\n\nLaBar called the temporary restraining order a \u201creally good sign.\u201d \u201cIt is extremely difficult to get a restraining order and preliminary injunction,\u201d he said. \u201cThis bodes well for the case.\u201d\n\n\u201cWe felt like this was an overreach from day one,\u201d LaBar added. \u201cWe felt like this was done with a complete disregard on how this impacted interstate commerce.\u201d\n\nHe added that he hopes the decision and a possible success in further proceedings can \u201cattract cargo back to the West Coast, giving us boxes to move and livelihoods to make.\u201d\n\nLaBar said the next hearing on the case will be Jan. 13.", "keywords": [], "meta_keywords": [""], "tags": [], "authors": [], "publish_date": "Wed Jan  1 20:17:45 2020", "summary": "", "article_html": "", "meta_description": "", "meta_lang": "en", "meta_favicon": "http://3b9m3d3keq0q4enwal2laffp.wpengine.netdna-cdn.com/wp-content/themes/church/images/favicon.ico", "meta_data": {"og": {"locale": "en_US", "type": "article", "title": "Court Stops 80,000 Truckers From Losing Their Freedom To Work in California - California Political Review", "description": "Democrats passed AB 5, written by the unions to force hundreds of thousands out of work or to pay bribes to unions, if they wanted to work.\u00a0 Among those the unions wanted to steal paychecks from are 80,000 independent truckers, many of whom are Hispanics.\u00a0 Yesterday the law took effect.\u00a0 But, first a judge stopped \u2026", "url": "http://www.capoliticalreview.com/capoliticalnewsandviews/court-stops-80000-truckers-from-losing-their-freedom-to-work-in-california/", "site_name": "California Political Review", "updated_time": "2020-01-01T15:21:05-08:00", "image": "http://www.capoliticalreview.com/wp-content/uploads/2015/10/Trucking.jpg"}, "article": {"section": "Stephen Frank's California Political News And Views", "published_time": "2020-01-01T20:17:45-08:00", "modified_time": "2020-01-01T15:21:05-08:00"}, "twitter": {"card": "summary", "description": "Democrats passed AB 5, written by the unions to force hundreds of thousands out of work or to pay bribes to unions, if they wanted to work.\u00a0 Among those the unions wanted to steal paychecks from are 80,000 independent truckers, many of whom are Hispanics.\u00a0 Yesterday the law took effect.\u00a0 But, first a judge stopped [\u2026]", "title": "Court Stops 80,000 Truckers From Losing Their Freedom To Work in California - California Political Review", "domain": "California Political Review", "image": {"src": "http://www.capoliticalreview.com/wp-content/uploads/2015/10/Trucking.jpg"}}, "google-site-verification": "9Qn3d7sTiJxgCNAnf6-cqrNWSQzGSfHWyMx6oVYPrS8"}, "canonical_link": "http://www.capoliticalreview.com/capoliticalnewsandviews/court-stops-80000-truckers-from-losing-their-freedom-to-work-in-california/"}