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CTA Lawsuit Claims AB 5 Violates Supremacy, Commerce Clauses

Thursday, November 14, 2019 | 910 | 1 | 131 min read

The California Trucking Association filed an amended complaint claiming the three-part employment test created by the 2018 Dynamex decision and codified by Assembly Bill 5 is pre-empted by the Supremacy and Commerce clauses of the U.S. Constitution. CTA in 2018 filed a lawsuit asking the U.S. District Court for Southern California to find federal law pre-empts the so-called ABC test from the Dynamex decision and to issue an injunction prohibiting the state from enforcing it. An amended complaint filed Tuesday seeks a similar declaration that the three-part employment test from Dynamex or AB 5...

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