Trucking Cos. Hit Rough Patches In Calif. Classification Fights
Mark Payne was quoted in a Law360 article titled, “Trucking Cos. Hit Rough Patches In Calif. Classification Fights.” The article focuses on a recent California district court decision affecting worker classification standards in the trucking industry. The court found that federal law does not preempt California's version of the so-called ABC test for distinguishing between employees and independent contractors, which limits the trucking industry’s attempts to work around state workplace regulations that apply broadly to all industries. Regarding this decision, Payne said, “That’s an increasingly difficult classification to prove. If the truck drivers are deemed employees, then they will be subject to workplace laws, statutory employee benefits and tax withholding requirements, which are generally applicable to all employees.”