October 7, 2019 / 10:53 PM / 13 days ago

IN BRIEF: Ruling on preemption of state worker classification test won't get SCOTUS review

The U.S. Supreme Court on Monday said it would not take up the question of whether New Jersey’s test for determining whether workers are employees or independent contractors is preempted in cases involving truck drivers by a federal law governing work standards for the airline and transportation industries.

Delivery service American Eagle Express had petitioned the court to overturn a 3rd U.S. Circuit Court of Appeals ruling that said the Federal Aviation Authorization Administration Act of 1994 (FAAAA) did not preempt New Jersey wage law.

The 3rd Circuit in the January decision said the state standard had too remote of an impact on the relationship between companies and truck drivers to be preempted by the FAAAA, which was designed to create uniform nationwide standards for the trucking industry.

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