On June 30, 2022, the Supreme Court declined to hear an important FAAAA preemption case. This was a disappointment for WLF, which filed an amicus brief urging the Court to resolve a circuit split. California uses the ABC test to classify workers as employees or independent contractors. The FAAAA preempts any state law affecting trucking prices, routes, or services. Even so, the Ninth Circuit held that the FAAAA does not bar California from applying the ABC test to truck drivers. WLF’s brief explained why applying the FAAAA’s preemption provision advances federalism and vindicates Congress’s intent in passing the FAAAA. The brief also warned of the consequences of letting the Ninth Circuit follow its decisions.
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