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U.S. District Court Grants Preliminary Injunction Against Enforcement of AB 5: Truckers Can Keep Trucking as Independent Contractors in California

Earlier this week, the Southern District heard arguments regarding the grant of a preliminary injunction to prevent the enforcement of Assembly Bill 5 (“AB 5”) against motor carriers operating within California.

Judge Benitez granted the preliminary injunction and concluded in his order that “there is little question that the State of California has encroached on Congress’ territory by eliminating motor carriers’ choice to use independent contractor drivers, a choice at the very heart of interstate trucking.”

The preliminary injunction will remain in effect until trial in this matter unless the 9th Circuit decides differently. The preliminary injunction allows truck drivers to continue operating as independent contractors in California.

Jackson Lewis P.C. © 2020National Law Review, Volume X, Number 18


About this Author

Pamela Palpallatoc Labor & Employment Attorney Jackson Lewis Law Firm San Diego

Pamela Palpallatoc is an Associate in the San Diego, California, office of Jackson Lewis P.C. Her practice focuses on representing employers in workplace law matters, including preventive advice and counseling, and evaluating her clients on developments in artificial intelligence, automation, and robotics in the workplace.

Ms. Palpallatoc’s experience includes defending businesses and individuals through all phases of trial and administrative review. She represents industries that comprise of technology, sports/recreation,...