FAAAA May Preempt Massachusetts Independent Contractor Law | Practical Law
https://content.next.westlaw.com/practical-law/document/Iaadcc01553b411e498db8b09b4f043e0/FAAAA-May-Preempt-Massachusetts-Independent-Contractor-Law?viewType=FullText&transitionType=Default&contextData=(sc.Default)
This wage and hour update addresses Massachusetts Delivery Association v. Coakley, in which the US Court of Appeals for the First Circuit reversed the district court decision. The lower court had held that the Federal Aviation Administration Authorization Act (FAAAA) did not preempt a portion of a Massachusetts state law requiring workers be classified as employees unless they perform services outside of the employer's usual course of business. The First Circuit held that the clause could be preempted by the FAAAA, that the district court did not sufficiently credit the broad language of the FAAAA's express preemption provision and that the matter should be remanded to the district court. A state law is pre-empted if it has a connection or reference to the prices, routes or services of carriers. The FAAAA's preemption clause is to be read broadly to include state laws that have direct or indirect connection with or reference to carrier rates, routes or services.