MASSACHUSETTS DELIVERY ASSOCIATION WINS LANDMARK FEDERAL IC CASE
CLDA GOVERNMENT AFFAIRS NEWSBREAKING NEWS:
MASSACHUSETTS DELIVERY ASSOCIATION WINS LANDMARK FEDERAL IC CASE! Nationwide victory for entire industry
In a hard fought victory, yesterday afternoon Judge Casper ruled in the Massachusetts Delivery Association’s (MDA) favor in its case against the MA Attorney General invalidating parts of the most restrictive IC law in the country. The ruling upholds a federal law prohibiting states from creating different rules that impact interstate commerce. The Massachusetts law effectively banned the use of independent contractors in the same day delivery market, limiting their ability to use independent contractors both to meet fluctuating customer demands for on-demand deliveries, and to staff regularly scheduled deliveries.
MDA’s lead attorney David Casey, Littler Mendelson, P.C., stated that “This case will enable those in the courier and trucking industries to choose the business models that are most efficient and responsive to the needs of the American business community and American consumers without interference from the 50 states.” In the MA “ABC” test, the B prong was, effectively, a ban on using them. The A & C prongs allow for using ICs, such contractors must be treated as such, and not unduly controlled (A prong) or prohibited from working for others (C prong).
CLDA wishes to formally to recognize and thank Michelle Cully of Xpressman Trucking & Courier who put her company’s future on the line as the test case in MDA’s Summary Judgment. CLDA also thanks the members of the MDA and its Board for their courage in moving this case forward. None if this could be done without the CLDA’s and MDA’s generous Advocacy Donors who funded this court case.
The MA Attorney General can still appeal in the next 30 days but the attorneys do not see this as a likely option at this time. The MDA still has a balance of their legal fee to pay down after an over 5 year fight; if you’d like to make a direct contribution to them please contact CLDA’s Director of Government Affairs Shawn Swearingen at: sswearingen@theclda.com.
The CLDA has shared this landmark news via a joint national news release with the MDA which we have also attached to this email. Please share the great news and the press release.
Kirk Godby, CLDA President
John Benko, CLDA Government Affairs Chair
Contact Us
Shawn Swearingen, Government Affairs Director
Customized Logistics and Delivery Association
sswearingen@theclda.com
202-207-1114
Shawn Swearingen
Director of Government Affairs
Customized Logistics and Delivery Association
750 National Press Building
Washington, D.C. 20045
202 591-2460
on the web at: www.theCLDA.com
