The U.S. Supreme Court has elected not to hear an appeal from the California Trucking Association against Julie Su, commissioner of the California Department of Labor Relations, over how the state determines whether a truck driver is a company employee or an independent contractor.
CTA’s lawsuit sought to have the courts declare that the 1994 Federal Aviation Administration Authorization Act (aka FAAA or F4A) pre-empt the state’s so-called Borello test, which Su had been using to determine whether a driver was a company employee or an independent contractor in cases involving questions about drivers’ classification.
