Los Angeles, California — The California Trucking Association and the Owner‑Operator Independent Drivers Association filed an appeal with the Ninth Circuit Court of Appeals on April 12, after a district judge denied their attempt to block the application of AB 5 to trucking. The move follows a recent setback in a California district court where Judge Roger Benitez ruled against the industry’s bid to exempt the sector from the law’s independent contractor classification.
AB 5, passed in 2019, introduced the ABC test to determine worker status. The “B” condition requires that a worker’s tasks be “outside the usual course of business of the company” to qualify as an independent contractor. Trucking companies argue that the condition forces drivers to be reclassified as employees, exposing fleets to higher labor costs and regulatory burdens. The Ninth Circuit previously overturned an injunction that had temporarily exempted trucking from the law in April 2021, restoring the full reach of AB 5 across the state.
Judge Benitez’s March ruling urged the groups to pursue legislative solutions rather than litigation. “Remedying complexities and perceived deficiencies in AB 5 are the kind of work better left to the soap box and the ballot box than to the jury box,” he said. “If sufficient political or economic pressure can be brought to bear by Plaintiffs and their supporters, the more onerous provisions of the statute can be amended.” The appeal to the Ninth Circuit is still in its early stages, with no announced dates for further filings or oral arguments.
What This Means for Drivers
For CDL‑A holders and owner‑operators, the appeal signals a continued fight to keep classification options flexible. If the Ninth Circuit sides with the industry, drivers could retain independent contractor status, preserving the ability to negotiate rates and control their schedules. Conversely, a ruling in favor of the state would reinforce the ABC test, potentially leading to employee benefits and stricter oversight for all OTR drivers. Fleet managers may face increased compliance costs as they adjust payroll systems to accommodate a larger employee base.
Industry Reaction
While the source does not quote specific carriers, the broader trucking community has voiced concern over AB 5’s impact on freight capacity and driver earnings. Many carriers fear that reclassification will reduce their ability to scale quickly during market spikes, while owner‑operators worry about losing the autonomy that keeps the industry viable. The appeal reflects a coordinated push by associations to protect the economic interests of drivers and companies alike.
Key Points
- California Trucking Association and Owner‑Operator Independent Drivers Association filed appeal on April 12 to the Ninth Circuit.
- Judge Roger Benitez ruled that the industry must address AB 5 through lawmakers, not courts.
- AB 5’s ABC test, especially the B condition, threatens to reclassify many drivers as employees.
- The Ninth Circuit previously overturned an exemption in April 2021, restoring AB 5’s reach.
Looking for a better trucking job? US Trucker's free job‑matching service connects CDL‑A drivers, OTR drivers, regional drivers, and owner‑operators with 500+ top US carriers. Leave your details in the form on this page and a recruiter will call you within one business day. Trucking companies are hiring now.