Court Upholds Restraining Order Against California’s AB 5.
- A federal judge temporarily blocked Assembly Bill 5 (AB5) enforcement for the trucking industry by granting a restraining order in a case filed by the California Trucking Association (CTA) Tuesday.
- In the case, the lawyers for the CTA argued AB5 is preempted by the Federal Aviation Administration Authorization Act (FAAAA) of 1994 and they’d be at risk of government enforcement actions if the law took effect. This led U.S. District Judge Roger Benitez to grant the restraining order, writing the state is “temporarily enjoined from enforcing [AB5] as to any motor carrier operating in California, pending this Court’s resolution of Plaintiffs’ motion for a preliminary injunction.”
- Benitez released his decision Dec. 31, the day before AB5 was set to take effect. The restraining order will be in effect until the court decides on the preliminary injunction case. A hearing is set for Jan. 13.
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