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Legislation has passed in California’s State Assembly that would mandate use of the so-called “ABC test” that legal experts say makes it extremely difficult, if not impossible, for motor carriers to use independent contractors.

Whether truck drivers are classified as employees or independent contractors is becoming an increasingly difficult challenge for many motor carriers when it comes to workers’ compensation and other insurance coverages, industry experts said.

In a federal lawsuit filed July 19, the Western States Trucking Association alleges that the California Supreme Court’s new “ABC test” requirement for deciding if a contractor should be an employee “forces virtually all independent contractors to become employees to those they choose to contract or work with.”