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California Court of Appeal Rules That the FAAAA Does Not Preempt State’s Controversial Independent Contractor Test
Categories: California Wage-Hour Law, State Wage and Hour Laws
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The legal landscape surrounding independent contractor relationships in California continues to evolve swiftly.

As we wrote here, in January 2020, state court Judge William Highberger issued a decision holding that the Federal Aviation Administration Authorization Act (“FAAAA”) preempts use of California’s version of the “ABC” test (as adopted by the California Supreme Court in Dynamex Operations West Inc. v. Superior Court, and subsequently codified in AB 5) to differentiate between independent contractors and employees in the trucking industry.  More ...

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