Posts tagged Trucking
Further appeals to block AB5 from California trucking seen as a long shot
March 19, 2024 // Appeals are possible of the decision Friday in the U.S. District Court for the Southern District of California that emphatically rejected all the arguments by the California Trucking Association (CTA) and the Owner-Operator Independent Drivers Association. But several observers of the legal battle that has gone on for more than four years said that may prove too big a challenge to proceed. “I’m sure that some will advocate for the appeal and exhausting all efforts, but I’m certainly not bullish on the likelihood of success in the 9th Circuit,” an attorney who is not representing any of the parties and requested anonymity said of possible future CTA/OOIDA action. “It is time to ‘move on’ absent the political will to change.”
DTNA union okays work stoppage as labor negotiations continue
March 13, 2024 // More than 7,000 United Auto Workers (UAW) union workers at Daimler Truck North America (DTNA) manufacturing sites in three states have voted to authorize a strike if necessary if-or-when their current labor deal expires April 26.
New Law Redefines Employees and Contractors
March 7, 2024 // Data suggest worker misclassification may be the exception rather than the rule in many industries. Surveys consistently show that most independent contractors prefer their independence. Around 79% of them prefer their arrangement over a traditional job, according to the U.S. Bureau of Labor Statistics, while fewer than one in 10 contractors want a traditional work arrangement. "Since a lot of older Americans do seek out these flexible forms of work as they near retirement — or after — this rule will likely lead to reduced work opportunities for them." Implemented in 2020 when acting U.S. Labor Secretary Su was California's labor commissioner, California's Assembly Bill 5, or AB5, similarly set out to protect workers by getting more people on the payrolls. But many Californians working as legitimate contractors suddenly lost income after businesses and nonprofits stopped working with them as freelancers and didn't hire them as employees.
Union truckers circle Capitol to protest labor legislation
February 23, 2024 // SF 2374 “is nothing more than a technical cleanup to legislation passed in 2017,” Dickey said in his statement. “Last year, 41% of Iowa public sector workers that had union representation did not have a voice due to a loophole in the legislation passed in 2017. If the public sector employer and the union are following the law, nothing will change for them.” The legislation has cleared the Iowa Senate’s Workforce Committee, which Dickey chairs. It is eligible for debate by the full Iowa Senate. It must also be approved by the Iowa House and signed by Gov. Kim Reynolds before it would become law. Rep. Dave Deyoe, a Republican from Nevada who chairs the House’s Labor and Workforce Committee, said lawmakers have been aware of the lack of recertification elections by bargaining units for years, and that it has been a concern for Republicans who passed the 2017 law. Deyoe said it will be up to Republican House leaders whether to take up the bill if it is passed out of the Senate.
A Lawsuit Seeks to Stop the National Destruction of Trucking Through the DOL Indep. Contractor Rule
February 14, 2024 // The U.S. DOL is using bureaucratic means to make an end-run around already failed legislation (see The PRO Act) in order to destroy independent professionals and small businesses across the nation. The Rule embeds the same tenets found in the ABC Test, which supports AB5, and we all know how well that went in California. The state's trucking industry, in particular, continues to fight hard against AB5, and their battle is being watched by the rest of the industry in other states. Now, a Louisiana business has filed a lawsuit to stop the rule, which is scheduled to take effect on March 11.
Ontario Trucking Employee Who Revealed Union Boss Salaries Hits Teamsters Union with Federal Charge After Job Threats
February 6, 2024 // “We will not be deterred by their bullying tactics and the baseless accusations they levy against myself and others. I hope that the actions of the officials from Teamsters Local 63 serve as a clear example to my colleagues that the union cannot dispute the facts of their incompetence in representing us, so they must resort to intimidation and slanderous accusations. We will remain steadfast in our pursuit of a better future for ourselves and our families.”
Commentary: Why we just sued the US Department of Labor
February 6, 2024 // As one of us testified before Congress last year, the Biden administration remains relentless. It’s now attempting a regulatory workaround with the Department of Labor’s independent contractor rule, which, in a cruel twist, was released just days before Mercatus Center research showed that the protesting independent contractors have been right all along. Mercatus found that the California approach not only failed to create unionizable jobs, but actually decreased overall employment by 4.4 percent and self-employment by 10 percent. Mercatus also noted that this happened despite California ultimately exempting more than 100 professions. The new Labor rule exempts none. The department acknowledges there may be “conceptual overlap” with the California law’s most harmful language. We agree. What’s worse is that the Labor rule is so vague, it’s impossible for anyone to know how to operate legally with independent contractors. The Biden administration sees this as a feature, not a bug.
Biden Takes a Destructive California Idea National
February 4, 2024 // The Biden administration appears undeterred by the lessons of recent history. The California law unleashed chaos in the state’s politics and courts. Politicians delegated to union leaders the power to hand out exemptions to politically favored groups. Lawyers, doctors, psychologists, dentists, podiatrists — almost anybody with an advanced degree was exempt. When newspapers editorialized against the new law — noting that they rely on freelance photographers, reporters, editors, designers, and delivery people — they, too, were excluded from the new regulations. Suddenly free from the dead hand of state regulators, the newspapers turned as one and editorialized in favor of the new law. A federal judge said the process was shot through with “corruption,” “backroom dealing,” “pure spite,” and “naked favoritism.” But more important, A.B. 5 crushed tens of thousands of California business owners — those who operate as independent contractors as well as those who employ or otherwise rely on them. Now Biden and Su plan to bring the crazy to every American state.
Freelancers defend economic liberty from vague DOL rule
January 25, 2024 // Kim Kavin is a freelance writer and editor from New Jersey. Kim writes and edits content for magazines, newspapers, and corporate brands and has authored multiple books. She is a past president of the professional association Boating Writers International, whose membership includes many freelance writers. Kim, along with Jen Singer and Deborah Abrams Kaplan, also from New Jersey, and Karon Warren, based in Georgia, founded an online group called Fight For Freelancers to contest policies like AB5 and the Department of Labor’s rule that seek to make it more difficult for them to work as independent contractors. Their livelihoods depend on them being able to work as freelancers, and they want to be able to keep the mutually beneficial business relationships they have with their clients. Represented free of charge by Pacific Legal Foundation, Fight For Freelancers, Kim, Jen, Deborah and Karon are asking a federal court to restore their right to earn an honest living without interference by the DOL’s illegally vague independent contractor rule.
New IC rule will have ‘unintended consequences’
January 23, 2024 // For Jim Burg, owner of Warren, Michigan-based James Burg Trucking Company, being an independent operator helped him build his business, and he views being an owner-operator as a potential stepping stone for others wanting to do the same. Burg started his company in 1984 with one truck as an independent contractor. His company is now a 94-truck operation with a terminal in Michigan City, Indiana. His trucks primarily haul steel for the automotive and manufacturing industries. "I drove over 1.2 million miles during the early years of my company's existence. Being an IC gave me the experience to understand the trucking industry and how to run a business, Burg recalled, "and it allowed me to gain knowledge of both as I set out to establish my own company."