California Trucking Association v. Su, No. 17-55133 (9th Cir. 2018)Annotate this Case
The Federal Aviation Administration Authorization Act of 1994 does not preempt the California Labor Commissioner's use of a common law test, the Borello standard, to determine whether a motor carrier has properly classified its drivers as independent contractors. The Ninth Circuit held that the Borello standard, a generally applicable test used in a traditional area of state regulation, was not "related to" prices, routes, or services, and therefore was not preempted. Accordingly, the panel affirmed the district court's dismissal of an action seeking declaratory and injunctive relief of the Commissioner's use of the test.