Whether the Third Circuit erred by holding that New Jersey's statutory test for determining employment classification is not preempted under the FA

QUESTIONS PRESENTED The Federal Aviation Administration Authorization Act of 1994 (FA) provides that a state “may not enact or enforce a law, regulation, or other provision having the force and effect of law related to a price, route, or service of any motor carrier... with respect to transportation of property.” 49 U.S.C. § 14501(¢)(1). The questions presented are: (1) Whether the Third Circuit erred by holding that New Jersey’s statutory test for determining employment classification is not preempted under the FA, applying a novel preemption test that conflicts with the decisions of this Court and deepens the already-existing circuit split. (2) Whether the presumption against preemption applies in the context of a statutory express preemption clause where the claims at issue involve areas historically regulated by the States. i RULE 14.1(b) STATEMENT Petitioner is American Eagle Express Inc., d/b/a AEX Group, defendant-appellant below. Respondents are Ever Bedoya, Diego Gonzales, and Manuel Decastro, class representatives and below.