Well, dear readers, that was fast!
The Honorable Judge William Highberger, a Los Angeles judge, ruled that AB-5 does not apply to independent truck drivers because they are subject to a federal statute. AB-5 is California’s latest attempt to make it harder for businesses and free-lancers to agree to independent-contractor arrangements rather than conventional employment.
Anyone who was near the WCAB in San Francisco in December might recall the flood of volume from truck drivers protesting the law that sought to force them to stop being independent operators and into being employees instead.
Other industries and groups are also suing to challenge AB-5.
So what does this mean for us, dear readers? If the only thing keeping you from raising an independent contractor defense to AOE/COE is AB-5, then perhaps it is worth it to raise the defense with the intent of testing AB-5s validity.
There is a lot in flux right now and it’s not clear where the chips will fall, where the dust will settle, or where [pick your favorite proverb].
As for your humble blogger, I propose a law which allows contractors to declare their independence loudly and firmly, not unlike the legendary Michael Scott did with respect to bankruptcy: