On October 4, 2021, the Supreme Court declined to hear an important FAAAA preemption case. This was a setback for WLF, which had filed an amicus brief urging the Court to hear the case. California uses the ABC test to classify workers as employees or independent contractors. Despite the FAAAA’s preempting any state law affecting trucking prices, routes, or services, the California Court of Appeal held that the FAAAA does not bar California from applying the ABC test to truck drivers. WLF’s brief explained why applying the FAAAA’s preemption provision advances federalism, The Court’s action allows California to impede Congress’s intent in passing the FAAAA. WLF’s brief was joined by the Allied Educational Foundation.
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