The Supreme Court’s Decision Not to Hear Challenge to AB 5 Met With Trucker Protest

The U.S. Supreme Court declined to review a Ninth Circuit decision holding that California’s Assembly Bill 5 (“AB 5”), which effectively would classify independent contractor truck drivers as employees of motor carriers, was not preempted by federal law. As a result, AB 5 can now be enforced against motor carriers.

In response, Republican lawmakers in California have asked the Governor to delay application of AB 5 or preferable, issue an exemption for the trucking industry altogether. Even more remarkable, hundreds of independent truckers showed up at the Port of Oakland to protest AB 5 in the wake of the U.S. Supreme Court refusal to hear the challenge. The protest was so large that it shut down cargo operations, and the truckers are asking for meeting with the Governor to discuss their position as well.

What makes the protest extraordinary is that AB 5 was promoted as a vehicle to help workers with perceived lesser bargaining power by ensuring that they have access to benefits afforded to employees under California law. The protesting truckers are concerned with the flip side, however, that the law will take away some of the main perks of their job, namely, the ability to set and keep their own schedule and hours. This loss of autonomy would be inevitable, as motor carriers would necessarily have to exert greater control over these independent drivers in order to ensure that they are in compliance with California employment laws as well as to safeguard against employment litigation.

It is unclear at this stage when California might start enforcement of AB 5 in the trucking industry, or whether the Governor will entertain the requests for lawmakers or the truckers themselves.