UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

CALIFORNIA TRUCKING No. 20-55106 ASSOCIATION; RAVINDER SINGH; THOMAS ODOM, D.C. No. Plaintiffs-Appellees, 3:18-cv-02458- BEN-BLM v.

ROB BONTA*, in his official capacity as the Attorney General of the State of California; ANDRE SCHOORL, in his official capacity as the Acting Director of the Department of Industrial Relations of the State of California; JULIE A. SU, in her official capacity as Secretary of the California Labor Workforce and Development Agency; PATRICK W. HENNING, in his official capacity as the Director of the Employment Development Department; LILIA GARCIA-BROWER, in her official capacity as Labor Commissioner of the State of California, Division of Labor Standards Enforcement, Defendants-Appellants,

* Rob Bonta has been substituted for his predecessor, Xavier Becerra, as California Attorney General under Fed. R. App. P 43(c)(2). 2 CALIFORNIA TRUCK ASS’N V. BONTA

and INTERNATIONAL BROTHERHOOD OF TEAMSTERS, Intervenor-Defendant.

CALIFORNIA TRUCKING No. 20-55107 ASSOCIATION; RAVINDER SINGH; THOMAS ODOM, D.C. No. Plaintiffs-Appellees, 3:18-cv-02458- BEN-BLM v. ROB BONTA, in his official capacity OPINION as the Attorney General of the State of California; ANDRE SCHOORL, in his official capacity as the Acting Director of the Department of Industrial Relations of the State of California; JULIE A. SU, in her official capacity as Secretary of the California Labor Workforce and Development Agency; PATRICK W. HENNING, in his official capacity as the Director of the Employment Development Department; LILIA GARCIA-BROWER, in her official capacity as Labor Commissioner of the State of California, Division of Labor Standards Enforcement, Defendants, CALIFORNIA TRUCK ASS’N V. BONTA 3

and

INTERNATIONAL BROTHERHOOD OF TEAMSTERS, Intervenor-Defendant-Appellant.

Appeal from the United States District Court for the Southern District of California Roger T. Benitez, District Judge, Presiding

Argued and Submitted September 1, 2020 Pasadena, California

Filed April 28, 2021

Before: Sandra S. Ikuta and Mark J. Bennett, Circuit Judges, and Douglas P. Woodlock,** District Judge.

Opinion by Judge Ikuta; Dissent by Judge Bennett

** The Honorable Douglas P. Woodlock, United States District Judge for the District of Massachusetts, sitting by designation. 4 CALIFORNIA TRUCK ASS’N V. BONTA

SUMMARY***

Federal Aviation Administration Authorization Act Preemption

Reversing the district court’s order preliminarily enjoining enforcement, against any motor carrier doing business in California, of California’s Assembly Bill 5, which codified the judge-made “ABC test” for classifying workers as either employees or independent contractors, the panel held that application of AB-5 to motor carriers is not preempted by the Federal Aviation Administration Authorization Act of 1994.

In Dynamex Operations W. v. Superior Ct., 4 Cal. 5th 903 (2018), the California Supreme Court adopted the ABC test. The California legislature enacted AB-5, codifying the ABC test, in September 2019. California Trucking Association, a trade association representing motor carriers that hire independent contractors who own their own trucks, and two independent owner-operators filed suit, seeking to enjoin enforce