Moving Words - AB - 5
Summary
The order enjoins the State from enforcing AB-5 as to any motor carrier operating in California pending entry of final judgment in the case by the District Court. With respect to the Household Goods hauling industry, does that same Federal Regulation apply to truck owner/operators contracting to a van line, one of their agents, or to an independent moving company? When the AB-5 looks at the business relationships between lumpers (casual labor) and the agent, or the Truck Owner/Operator or local hauling contractors: When are these “lumpers” considered employees under AB-5? What legal documents does an Agency, or Owner/Operator, or Local Hauling Contractor need to prove the lumpers with whom they contract are independent, casual labor and not employees? Feary: Federal Court Judge Benitez determined that AB-5’s ABC test has the effect of prohibiting motor carriers from using owner-operators as independent contractors.
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