Posts tagged Federal Motor Carrier Safety Administration
OOIDA makes now-solo case in court that California’s AB5 should exempt trucking
April 23, 2025 // For OOIDA, which is carrying on the lawsuit that was originally filed by the California Trucking Association in 2019, the issue is clear: AB5 “categorically prohibits leased owner operators from operating in California,” OOIDA outside counsel Paul D. Cullen Jr. said in his opening remarks. (CTA last August decided not to pursue the appeal to the 9th Circuit.)
Truckers tell Ninth Circuit that California law unfairly bans independent contractor drivers
April 10, 2025 // Though a business-to-business exemption is available under the law, the association says members can't apply because they have to follow contradictory federal law that says trucking companies need to have exclusive control over trucks involved in interstate commerce. “One of the requirements of the business-to-business exemption is that the worker be free from the control of the business. Leased owner-operators in inter-state commerce must comply with federal regulations called the Truth In Leasing regulations which require the motor carrier to have exclusive possession and control of the vehicle and the operation of that vehicle in inter-state commerce. Whatever the scope of that control is it can’t be squared with the B2B requirement that the worker be free from control. It’s irreconcilable,” Cullen said.
Drayage carrier notifies NJ independent contractors of changing business model
August 9, 2024 // In December 2023, the New Jersey Department of Labor and Workforce Development Commissioner Robert Asaro-Angelo and New Jersey Attorney General Matthew J. Platkin filed the first lawsuit under a 2021 law that permits the state to file suit in New Jersey Superior Court against employers who have allegedly misclassified workers as independent contractors. According to the state’s complaint against STG Logistics and STG Drayage, the suit “seeks to halt the companies’ alleged practice of misclassifying drivers as independent contractors and to recover up to millions in back wages, penalties and fines for more than 300 truck drivers.”