September 10, 2018 / 11:41 PM / 7 months ago

9th Circuit says Calif. misclassification test applies to truck drivers

A U.S. appeals court on Monday said the test used to determine whether workers are employees or independent contractors under California law is not preempted by the federal law regulating the trucking industry.

A unanimous three-judge panel of the 9th U.S. Circuit Court of Appeals said the test created by the California Supreme Court in a 1989 case applies equally to all industries and does not directly affect the prices and routes set by trucking companies, so it is not preempted by the Federal Aviation Administration Authorization Act (FAAAA) of 1994.

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