Posted on 04/29/2021 11:10:43 AM PDT by eyeamok
The ruling is “a massive victory for California’s truck drivers, who for far too long have faced exploitation and misclassification at the hands of trucking companies that place corporate profit ahead of drivers’ safety and well-being,” the International Brotherhood of Teamsters said in a statement.
(Excerpt) Read more at ktla.com ...
How about the 25 Cent per mile tax???
IF a trucker is driving 60 MPH, he is racking up a fee of $15 PER HOUR...$150 for a 10 hour stint.
Can Mexican licensed trucks travel in the US?
Will more shipments just switch to them?
Will destroy owner operators in California. This is a simple payoff to the big trucking companies making them the only game in town in CA.
My son handles shipping logistics for his employer and is having a devil of a time finding independents to carry their products.
Oh, and wood prices have jacked up pallet costs 5x from a year ago.
Like I said,
If demand is up then rates should be UP as well and those costs would be baked in the rate.
Who the hell offers to provide a service at a loss when the demand is high?
The only way around AB5 is to become an LLC, I doubt most Independent Truckers will go down that road. Maybe? We will find out soon, that is for sure.
The 9th U.S. Circuit Court of Appeals in San Francisco overturned a ruling last year by a federal judge that said federal interstate transportation law pre-empted 2019’s Assembly Bill 5.
In overturning that decision, the appellate court’s 2-1 decision found that AB5 doesn’t conflict with federal law because it is “a generally applicable labor law that affects a motor carrier’s relationship with its workforce and does not bind, compel, or otherwise freeze into place the prices, routes, or services.”
... Unions own California and own Joe Biden. Transportation costs will skyrocket.
Most of the big trucking companies hire large numbers of owner-operators as independent contractors. In the port trucking industry of LA-Long Beach, I wouldn’t be surprised if 95% or more of the drivers are contractors.
Sorry man, lawyer here and I’ve done a ton of truck accidents. Nearly all involved a Chinese national driver, classified as an independent contractor for a single or 2-3 rig trucking ‘company’ that only hires Chinese nationals, operates out of a closet, and controls every aspect of the business. The are usually on interstate long-hauls and paid by the mile, so forget so-called ‘mandatory’ rest breaks and speed limits. I’ve always obtained results by proving the foregoing which, under CA law, proves enough control to classify driver as an “employee” for insurance coverage.
Federal law requires truck owners to be insured, but not drivers. As a result 90% of the trucks on CA roads are driven by a foreign national, no-asset, no-insurance, apartment dwelling drivers hired under “independent contractor” agreements. They have replaced nearly all of the owner-operators in my state. You WANT those dudes to be an employee of the insured company when they rear-end you at 60 mph.
That said, I agree this is probably the absolute worst way to address that problem.
I would think that this ruling would only apply to drivers who can operate without a Federal CDL — basically, any driver who operates entirely within California and never crosses a state line. Otherwise, California just gave all their independent truckers a big incentive to just get licensed in Nevada.
And how do they get around the mandatory rest breaks with the current USDOT electronic logging device requirement in place?
Arkansas Trucking Companies and Drivers welcome your business.
then as employees can they bill their “Employer” for truck repairs?
Work slow down coming.
I know a lot of independents and they see what the unions are doing is trying to consolidate power by force of law...
That should really help with the supply chain problems. /s
Check out the Federal OTR regulations and you will find your answer.
Check out the Federal OTR regulations and you will find your answer.
They drive in 2-man ‘teams’ for the price of one legit & professional driver, and your question assumes these dudes, most of whom don’t speak a lick of English, aren’t fudging their driving logs [which if you calculate miles traveled, routes and times, makes the logs I’ve reviewed impossible while also obeying speed limits and rest times].
Teamsters happy because they think under Biden that all independents will be forced into unions and they get the dues. It’s not about the jobs.
Lol, this could get really interesting.
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