Posts tagged Trucking
Freelancers sue over new rules on independent contractors
July 8, 2024 // “It really coerces a lot of companies to try to put people, put workers in the employee box just so that they can be sure that they have their bases covered,” says Wen Fa, an attorney and vice president of legal affairs at the Beacon Center of Tennessee, a nonprofit think tank that advocates for individual rights and free market public policies. “Ultimately, what we’re fighting for is the right to freelance.” Fa is representing Margaret Littman and Jennifer Chesak — Nashville-based freelance writers and authors whose bylines collectively include The Washington Post, Men’s Health, National Geographic, and Condé Nast Traveler.
Key shipping company shutters operations; bankruptcy uncertain
April 23, 2024 // The U.S. logistics industry has been battling with financial distress this year with companies filing for Chapter 7 bankruptcy to liquidate, Chapter 11 reorganization, downsizing operations or just shutting down operations.
VIDEO: Protecting Trucking’s Independent Contractors
March 21, 2024 // A new rule from the U.S. Department of Labor undermines the livelihood of 350,000 truckers across the U.S. who choose to operate as independent contractors. In this episode, we explore the rule's impact on small trucking business owners and how ATA is fighting back in the courts and through the legislative process.
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.