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Lower court formally lifts injunction against AB5 in California trucking

Appellate court reversal of earlier injunction now in effect following Supreme Court’s decision not to review

Photo: Jim Allen/FreightWaves

The injunction that kept California’s independent contractor law, AB5, out of the state’s trucking sector is officially dead.

In a hearing Monday, according to a statement released by trucking-focused law firm Scopelitis, Garvin, Light, Hanson & Feary, Federal District Court Judge Robert Benitez formally lifted the injunction that had been in effect since New Year’s Eve 2019. A filing by the court of its ruling was not available online at publication time. 

The lifting of the injunction, which was expected, puts into effect an April 2021 U.S. 9th Circuit Court of Appeals ruling that overturned the original injunction handed down by Benitez. The appellate court ruling reversing the Benitez injunction nonetheless allowed the injunction to stay in place while the California Trucking Association, which filed the original lawsuit in the case, pursued its appeal to the U.S. Supreme Court. 


When the high court chose not to review the case, California Trucking Association v. Bonta, that put it back into the hands of the appellate court. That court in turn handed down a mandate to the district court ordering the reversal of the injunction. The action Monday formalized that step.

But the case is not over. The legal arguments put forth by the CTA — that AB5 as applied to trucking in California violates parts of the Federal Aviation Administration Authorization Act — was only argued through motions on the injunction, rather than a full court procedure. The CTA will now pursue the case from the beginning and has asked for a new injunction. None was forthcoming Monday.

According to the Scopelitis memo, an earlier Benitez ruling that denied a CTA argument regarding AB5 and the Dormant Commerce Clause, which impacts interstate commerce, was vacated by Benitez, per the request of the CTA. The issue of whether the Owner Operator Independent Drivers Association (OOIDA) can intervene in the case remains to be decided.

Next steps are the filing of briefs in the case, which can take place into December, according to an earlier court filing. 


AB5 requires workers be judged against the provisions of the so-called ABC test to settle the question of whether they are independent contractors or employee. In particular for trucking, the so-called B prong is troublesome, as it says an independent contractor must be involved in “work that is outside the usual course of the hiring entity’s business.” A trucking company hiring an outside truck driver runs the risk of being ruled in violation of the B prong.

The ruling did bring a quick media outreach from a public relations firm offering up commentary from the union side of the ledger.

Today, drivers across California can rest easy knowing that trucking companies that have gotten away with misclassifying workers can no longer exploit their workers or the people of California to further their bottom line,” the email from Teamsters PR agency Berlin Rosen said. “These companies are going to be held accountable, and drivers’ rights will be protected under the law.”

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12 Comments

  1. Bee

    Why do we have to always deal with stupid government? They couldn’t care less about the people who they supposedly work for. These idiots need to be gone. WE THE PEOPLE DON’T NEED YOU. You ruin people lives on purpose for an extra dollar. The teamster’s union is a joke. A serious strike is needed. When gas stations and grocery stores empty out then I’ll bet we will have that attention.

  2. Richard Paul

    And this is why California is the worst state in the union. They refuse to let people actually work. I hope my fellow truckers are smart and leave Cali. This law is irresponsible. Also, the truckers union is a complete joke. They’ve never actually helped truckers. The union only cares about making money for their upper management.

  3. Michael ripley

    So the union bought and paid for a law to so call protect owner operators, that do not want their protection
    Sounds about right for that state. Every single thing the state allows cost thek jobs , lowers people’s income and only benefits unions and illegal aliens

  4. Warren

    It’s stupid laws like this is why people are moving out of this state the trucking industry here needs to shut down for 6 months and maybe this retarded Democrated state government will get the point there not for the hard working people here all they want to see who’s going to put the biggest check in there pocket it’s time to leave California (good job mister governor I hope your pride of yourself)

    1. Paul

      I am saddened in the direction America is being taken by immature, uniquified and untutored people, I believe she called them “degenerates”.

  5. Tommy

    I can not find a single company willing to hire me in California with my own Truck. They are willing to hire as a company driver, but I’m not interested. I’m am now stressed and am trying to move to another state. Short term this is not helping. Knight, Swift, Landstar and all the big name companies refuse to hire me as an owner opp. I don’t want the responsibility of my own authority. Thanks CA

  6. Matthew

    Why independent truckers just don’t leave Cali, I refuse to understand. You can vote and set laws by your actions, you are much needed in 47 lower states, tons of opportunities. King Newsom is just fine with couple of his tools of servants and cronies with inside trading skills

  7. Beaten Former IC

    I would like to officially welcome the independent Tuckers to our world!
    The crippling world that hundreds of thousands of us California independent contractors have been in since the beginning of 2020
    No work, No unemployment benefits, basically unemployable and very very few carve outs or exemptions from the law,
    At least the independent truckers got an extra 2 years and 8 months of income, something we did not have
    Now if IC truckers are smart they will reach out to us and we can join forces to kill this evil monster
    Don’t do like rotten Uber/Lyft who, got their exemption, spit on us and left us all to die!

  8. Erin

    #Teamsters is a joke. They don’t care About the truck drivers. They have their own hidden agenda which is why they have taken such a big interest in this topic. Truck drivers like working as independent contractors because it offers them flexibility and good wages.
    If they wanted to work for a normal company they would.

    1. Jose rodriguez

      I use to work for a truck company making over 3500 after taxes and expenses then teamsters took over company was and I was not even making 700 after taxes and union dues after over 4 years I Quit because even with overtime I barely break $1000 .I agree with u teamsters is not good and one of the worst unions paying unlivable wages in california

Comments are closed.

John Kingston

John has an almost 40-year career covering commodities, most of the time at S&P Global Platts. He created the Dated Brent benchmark, now the world’s most important crude oil marker. He was Director of Oil, Director of News, the editor in chief of Platts Oilgram News and the “talking head” for Platts on numerous media outlets, including CNBC, Fox Business and Canada’s BNN. He covered metals before joining Platts and then spent a year running Platts’ metals business as well. He was awarded the International Association of Energy Economics Award for Excellence in Written Journalism in 2015. In 2010, he won two Corporate Achievement Awards from McGraw-Hill, an extremely rare accomplishment, one for steering coverage of the BP Deepwater Horizon disaster and the other for the launch of a public affairs television show, Platts Energy Week.