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Bedoya v. American Eagle Express Inc.

Articles Discussing Case:

Third Circuit Finds FAAAA Does Not Preempt New Jersey ABC Test

Littler Mendelson, P.C. • February 06, 2019
In Bedoya v. American Eagle Express Inc., the Third Circuit Court of Appeals held that the Federal Aviation Authorization Administration Act of 1994 (FAAAA) does not preempt New Jersey’s wage and hour laws, permitting delivery drivers to continue with a suit claiming they were misclassified as independent contractors. As a result of this decision, motor carriers located in states within the Third Circuit (Delaware, New Jersey and Pennsylvania) will need to ensure their relationships with drivers classified as independent contractors satisfy the so-called "ABC" test.
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