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Old 09.28.2009
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Court Ruling Supports Owner-Operator Status
Court Ruling Supports Owner-Operator Status
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A court ruling last week boosted the case of trucking companies who use owner-operators/independent contractors at California ports.

A civil action filed in Superior Court by the California attorney general against Pac Anchor Transportation and truck owner Alfredo Barajas alleged the motor carrier had improperly classified drivers as independent contractors.

Court Judge Elizabeth Allen White held that a federal law protecting motor carriers from state regulation preempts claims against motor carriers brought under California's Unfair Competition Law.

The federal law, part of the Federal Aviation Administration Authorization Act, prohibits states from enacting and enforcing laws that are "related to" motor carrier prices, routes, or services in order to maximize competitive forces in the trucking industry. Judge White agreed with the "very strong" argument advanced by attorneys Neil S. Lerner, Arun Dayalan, and Arthur A. Severance of the Sands Lerner law firm that claims against motor carriers under the UCL are preempted under the FAAAA.

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Old 09.29.2009
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Calif. loses classification case
Calif. loses classification case
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A California Superior Court ruled against State Attorney General Jerry Brown Jr. in one of a handful of cases where he sued port trucking companies on charges its owner-operators should have been classified as employees.

On Sept. 22, Los Angeles Superior Court Judge Elizabeth Allen White ruled in favor of Pac Anchor Transportation and truck owner Alfredo Barajas.

Defense attorney Neil Lerner said his case was similar to the American Trucking Associations’ on-going suit against the Port of Los Angeles. A federal court will hear the ATA case in coming months after that court granted the association a preliminary injunction to prevent the port from requiring carriers hire drivers as employees only. A hearing is scheduled for later.

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Old 09.29.2009
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California needs to be slapped down a few hundred more times.
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