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Ninth Circuit Applies AB 5 Against Interstate Motor Carriers - Employment and HR

To print this article, all you need is to be registered or login on Mondaq.com. Back in January 2020, a federal district court enjoined the State of California from enforcing AB 5 against interstate motor carriers. Now, in a split 2-1 decision, a Ninth Circuit panel has reversed the district court, on the rationale that AB 5 is just another generally applicable labor law that affects all businesses regardless of industry, and is no different from many prior state laws the Ninth Circuit has upheld. Casting aside the dissent s description of the wide-ranging impact that AB 5 would have on motor carriers, the panel majority held that the Federal Aviation

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