Posts tagged California Trucking Association
ATA Expresses Concern Over Labor Secretary Nominee Julie Su
March 17, 2023 // In a letter to U.S. Senate labor leaders, American Trucking Associations President Chris Spear expressed concern about the track record that Labor Secretary nominee Julie Su would bring to the job, specifically as it relates to the rights of truck drivers to be independent contractors. “California’s AB 5, which Ms. Su helped pass and implement as Secretary of the California Labor and Workforce Development Agency, essentially outlaws their business model,” Spear wrote in a letter to Sen. Bernie Sanders, (I-Vt.), chairman of the Senate Committee on Health, Education, Labor and Pensions, and ranking member Bill Cassidy (R-La.). The letter was copied to members of the committee.
Give Gig Workers A Real Break
November 18, 2022 // Polling data also back the idea that most gig workers want to be gig workers. In “Independent Work,” Ilana Blumsack and Scott Lincicome cite a finding that about 90 percent of survey respondents “were happier in independent work than in traditional jobs.” Only 11 percent wanted to find full-time traditional employment.
Biden’s regulatory machine wants to stifle the freedom of the American worker
October 31, 2022 // Frankly, workers are not helpless. They are perfectly capable of choosing their own lifestyles and can evaluate their labor choices along with the compensation and benefits each provides. We currently have an economy in which, for the entirety of 2022, the number of job openings has nearly outnumbered unemployed workers 2-1. If these “gigs” were so horrible, these people would seek other employment. Moreover, the Biden administration’s mandated reclassification would significantly increase the cost of doing business for both small businesses and large companies such as Uber, Doordash, and others that provide unique economic opportunities for gig workers. This heavy-handed regulatory approach will discourage entrepreneurial innovation and result in added costs that will be passed along to the consumer.
Assembly Bill 5 is still wreaking havoc in California and across the country
October 24, 2022 // If you needed proof that AB 5 was a flawed piece of legislation from the very beginning, consider the fact that while the rules for who AB 5 applies to are a mere 325 words, they’re followed by almost 7,000 words worth of carveouts. While a 2020 Proposition which rolled back AB 5 with respect to app-based drivers was recently declared unconstitutional, other exceptions put in place by the legislature remain. As a result, politically-connected professions, like lawyers, doctors, and accountants are exempted from AB 5’s onerous requirements. Independent truckers, however, are not among these lucky carve outs, and the state is beginning to feel the consequences. Throughout the United States, approximately 350,000 truck drivers make a living as independent owner-operators—they own their own vehicles and haul loads as contractors for carriers.
UNION SPONSORED AB 5 HITS INDEPENDENT TRUCKERS
August 24, 2022 // For a while, AB 5, passed in the fall of 2019, didn’t affect truckers. It affected plenty of other people in plenty of other lines of work, prompting belated carve outs by the legislature to expand the list of exempted professions. Passage of AB 5 even provoked the ride share industry, led by Uber and Lyft, to raise over $200 million to qualify and run an initiative campaign, Proposition 22, to repeal the portions of AB 5 that affected their businesses. After Prop. 22 was approved by voters in November, four “gig drivers,” backed up by the SEIU, successfully challenged Prop. 22 in court. That ruling is now being appealed by Uber before the 9th Circuit Court of Appeals. "business to business” exemption, Borello test, California Globe
Trucking Looks for New Owner-Operator Strategies as Independent Contractor Model is Threatened
August 2, 2022 // Motor carriers that use owner-operators in California are working to re-evaluate their operations in order to meet strict restrictions on the use of independent contractors, as labor officials at the national level push to crack down on “employee misclassification” as well. Recent independent trucker protests that brought the Port of Oakland to a crawl gained plenty of media attention, but California Gov. Gavin Newsom’s office indicated a lack of concern. Landstar, Joe Rajkovacz with the Western States Trucking Association, oil and gas industry, two-check system, TransForce AB5 Dedicated Solutions Program, TransForce, New Jersey, Illinois, Washington, and New York,
Trucker strike in the Port of Oakland threatens supply chain disruptions
July 22, 2022 // R Street Institute’s western region director, Steven Greenhut, who lives in California, is not convinced that his state’s current government will be up to fixing the problem. “California lawmakers exempted more than 100 professions from their misguided ban on independent contracting, Assembly Bill 5,” he told the Washington Examiner. “But they never bothered to address the impact of their law on trucking, which is one of the most important functions in our economy.” Greenhut said it was “astounding” that lawmakers didn’t act on this “given the ongoing supply chain disruptions and the backlog at the LA area ports.” Danny Wan, diesel emission rules
U.S. Supreme Court won’t hear freelancers’ challenge to California employment law
June 29, 2022 // In 2020, California voters approved a ballot referendum exempting app-based transportation services such as Uber Technologies Inc and Lyft Inc from the scope of AB5. A state judge last year struck down the measure, saying it violated the state's workers' compensation law. An industry group's appeal is pending. The ASJA in its 2019 lawsuit claimed AB5 unreasonably blocks many freelance writers from being treated as independent contractors based on the content of their speech, while exempting similar work performed for marketing or artistic purposes. Samuel Siegel, California Department of Justice
Truckers and consumers get a brief reprieve
November 19, 2021 // Under AB 5, trucking companies may not contract with independent owner-operators. The California Trucking Association contends that the state law is pre-empted by the Federal Aviation Administration Authorization Act, which bars any state law or regulation that affects “a price, route or service of any motor carrier” with regard to the transportation of property.