The temporary restraining ordered issued against implementation of Assembly Bill 5 was further extended at a hearing held on Jan. 13. The extension will remain in effect pending the court’s decision on whether to grant a preliminary injunction. We previously reported that a federal district court had issued a temporary restraining order against enforcement of AB 5, one day before it was set to go into effect.

The California Trucking Association filed suit on Dec. 31, seeking a preliminary injunction on the basis that AB 5 is preempted by the Federal Aviation Administration Authorization Act (“FAAAA”) and deprives independent truckers and owner-operators from contracting their services and forces them into being employees.

The court originally granted the temporary restraining order holding that the plaintiff’s “have carried their burden for purposes of emergency relief to show (1) that they are likely to succeed on the merits, (2) likely to suffer irreparable harm in the absence of relief, (3) that the balance of equities tips in their favor, and (4) that their requested is in the public interest.”

It has yet to be reported when we can expect the court’s decision, but we will continue to monitor this case and bring you up to date news as it becomes available. Regardless of how the court rules on the preliminary injunction, expect appeals to higher courts.

(Editor’s Note: On Jan. 16, Judge Robert Benitez issued a permanent injunction against enforcement of AB 5 with respect to motor carriers; for more information, please see Federal Judges Slow California Policy Overreach above.)

Federal Court Extends Temporary Restraining Order Against AB 5

01-January 2020 2020Newsletter

The temporary restraining ordered issued against implementation of Assembly Bill 5 was further extended at a hearing held on Jan. 13. The extension will…

Mandatory Arbitration Agreements Still in Limbo

01-January 2020 2020Newsletter

As we recently reported, on Dec. 29, just days before Assembly Bill 51 (which would prohibit pre-dispute arbitration agreements as a mandatory condition…

Ready for the New Paraquat Label?

01-January 2020 2020Newsletter

Anna Genasci, QALStanislaus County Farm Bureau According to the United States Environmental Protection Agency (EPA) paraquat dichloride, commonly referred…

U.S. Dept. of Labor Releases New Joint Employment Rule

01-January 2020 2020Newsletter

On Jan. 12, the U.S. Department of Labor announced a final rule to update the regulations interpreting joint employer status under the federal Fair Labor…

Federal Judges Slow California Policy Overreach

01-January 2020 2020Newsletter

Two California-based federal judges, in separate actions, enjoined actions of the California Legislature as over-reaches preempted by Federal law. On…

New IRS Form W-4 for 2020

01-January 2020 2020Newsletter

On Dec. 5, the Internal Revenue Service released the final 2020 Form W-4, Employee’s Withholding Certificate. Newly hired employees must complete…

Minimum Wage Rates Increase and Overtime Thresholds Decrease on Jan. 1

12-December 2019 2019Newsletter

With all the new employment-law changes going into effect on Jan. 1, it can be easy to forget the changes that were set in motion years ago. For that…