Labor & Employment Law Blog

In a decision issued by the U.S. Ninth Circuit Court of Appeals on September 10, 2018, the court rejected a challenge based on federal preemption grounds to the California Labor Commissioner’s use of the Borello standard for determining independent contractor status. The challenge was made based on the motor carrier provisions of the Federal Aviation and Administration Authorization Act of 1994 (“FAAAA”), 49 U.S.C. § 14501, et seq., which prohibit states from enacting or enforcing laws or regulations that relate to “a price, route or service of a motor carrier . . . with respect to the transportation of property.”