I’d rather the truckers just leave the state.
I’d rather the truckers just leave the state.
Truckers serving the California port gateways of Los Angeles, Long Beach, and Oakland on July 13 began port-wide protests against Assembly Bill 5 (AB5), which is expected to virtually eliminate the use of owner-operators in trucking in the state.
AB5 was passed and signed into law in 2019. An injunction in place since 2020 has prevented the law from being enforced while a lawsuit on the bill made its way through the judicial system. On June 30, however, the U.S. Supreme Court denied a petition from the California Trucking Association to hear the case, paving the way for full enforcement of the law.
The injunction is expected to be lifted any day now, according to the Harbor Trucking Association. Provisions in the bill will prevent independent owner-operator truck drivers from contracting with other trucking companies for services, essentially leaving trucking companies no choice but to use only employee drivers.
Assembly Bill 5 established a strict “ABC test” to determine whether a worker is an employee or an independent contractor. In order to be considered an independent contractor, the following conditions must be met:
A: The worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact;
B: The worker performs work that is outside the usual course of the hiring entity’s business; and
C: The worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed.
Most legal analysis of the ruling agrees the ABC test, in particular the “B” prong, sets an impossible standard for most motor carriers using independent contractor owner-operators to meet. Slow-Moving Truck Convoys, Port Protests
According to Sourcing Journal, there were about 100 truck drivers protesting at the Ports of Los Angeles and Long Beach.
A slow-moving trucker convoy protesting AB5 slowed traffic Wednesday morning, reported CBS Los Angeles: https://www.truckinginfo.com/10176782/california-truck-owner-operators-slow-traffic-protest-ab5
Truckers serving the California port gateways of Los Angeles, Long Beach, and Oakland on July 13 began port-wide protests against Assembly Bill 5 (AB5), which is expected to virtually eliminate the use of owner-operators in trucking in the state.
AB5 was passed and signed into law in 2019. An injunction in place since 2020 has prevented the law from being enforced while a lawsuit on the bill made its way through the judicial system. On June 30, however, the U.S. Supreme Court denied a petition from the California Trucking Association to hear the case, paving the way for full enforcement of the law.
The injunction is expected to be lifted any day now, according to the Harbor Trucking Association. Provisions in the bill will prevent independent owner-operator truck drivers from contracting with other trucking companies for services, essentially leaving trucking companies no choice but to use only employee drivers.
Assembly Bill 5 established a strict “ABC test” to determine whether a worker is an employee or an independent contractor. In order to be considered an independent contractor, the following conditions must be met:
A: The worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact;
B: The worker performs work that is outside the usual course of the hiring entity’s business; and
C: The worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed.
Most legal analysis of the ruling agrees the ABC test, in particular the “B” prong, sets an impossible standard for most motor carriers using independent contractor owner-operators to meet.
Slow-Moving Truck Convoys, Port Protests
According to Sourcing Journal, there were about 100 truck drivers protesting at the Ports of Los Angeles and Long Beach.
A slow-moving trucker convoy protesting AB5 slowed traffic Wednesday morning, reported CBS Los Angeles:
https://www.truckinginfo.com/10176782/california-truck-owner-operators-slow-traffic-protest-ab5
(post is archived)