Judge denies Teamsters motion to lift AB 5 injunction

A Southern District court will not suspend a preliminary injunction on Assembly Bill 5 for truck drivers and was unconvinced by a Teamsters' argument that such a suspension is in the "public interest."

In an order filed on Monday, U.S. District Judge Roger T. Benitez said the Teamsters failed to demonstrate how the preliminary injunction, which bars the state from automatically categorizing motor carriers as employees unless they pass a three-part "ABC" test, will "irreparably injure" the state or the labor union.

The Teamsters submitted an ex parte motion to stay the preliminary injunction on Feb. 4 as an intervenor defendant. California Trucking Association v. Becerra, 18-CV02485 (S.D. Cal., filed Oct. 25, 2018). Echoing the plaintiff's response to the motion, Benitez noted, "It is not the State that moves for a stay; it is Intervenor. The Court is skeptical that Intervenor has standing to challenge a preliminary injunction order on the State's behalf."

Benitez granted the preliminary injunction in January.

In another order filed Monday in the same case, the judge denied a motion by the state and labor union, which asked the court to dismiss the case based on lack of subject matter jurisdiction.

The order also denied and granted in part a second motion to dismiss based on the plaintiff's partial failure to state a claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure. Defendants argued the Federal Aviation Administration Authorization Act cannot preempt AB 5. The court rejected this argument but agreed with two other arguments in the motion, claiming AB 5's ABC test does not violate the dormant Commerce Clause, and that the court doesn't need to enforce an order issued by a U.S. Department of Transportation agency about meal and rest periods.

-- Jessica Mach