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Dems Can't Help Themselves; Embed the PRO Act into the Infrastructure Bill Reconciliation

Democratic National Convention via AP We have been shouting from the rafters, tweeting, writing and calling our senators and other elected representatives, demanding they ditch the Protecting the Right to Organize (PRO) Act, because it is a gift-wrapped sop to the Unions. The Act’s sole purpose is to destroy independent professionals, and the economy of the nation along with it. Sadly, it has mostly fallen on deaf ears. Folks, I dont care what party you are, call your Senators immediately. Th...
United States Capitol Hill District Of Columbia Carol Roth Bernie Sandersi Crank Joe Biden

CA's Decision on Commercial Truckers as Independent Contractors

Ninth Circuit ruled that California law relating to whether workers can be classified as employees is not preempted by FAAAA. It will remain difficult under California’s current test for transportation companies to establish independent contractor relationships with drivers.
United States New Jersey Los Angeles California Legislature California Trucking Association Aviation Administration Authorization

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Ninth Circuit California's ABC Test Not Preempted by FAA Auth Act

Motor carriers arranging for freight to be transported by independent owner-operators—i.e., independent contractors who drive their own trucks—has been ubiquitous. However, this practice is now under threat in California because of decision inĀ California Trucking Ass’n v. Bonta,
United States San Francisco Supreme Court United States Court California Assembly California Trucking Association

California's Preemption Analysis Creates Circuit Split Making AB-5 Ripe for Supreme Court Review | K&L Gates LLP

On 30 April 2018, the California Supreme Court issued the seminal decision in Dynamex Operations West, Inc. v. Superior Court, adopting the ā€œA-B-C Testā€ for determining independent contractor status in the state. The A-B-C Test, which superseded the prior, less stringent common law Borello test, 1 was later codified by the state legislature in California Assembly Bill 5 (AB-5). Under AB-5, a worker is presumed to be an employee and not an independent contractor unless the entity can estab...
United States Javier Becerra Aviation Administration Authorization Act Penske Logisitics Kl Gates California Trucking Association

Owner-Operators Are Not Company Drivers For A Reason | Go By Truck Global News

A recent episode of OverdriveĀ Radio, featuring owner-operator business services firm ATBS’ President Todd Amen’s semi-annual dissection of income and revenue averages, offered an interesting summary of the pressure on the independent contractor model. 2020 on the whole saw owner-operator income make a solid gain, cutting against the best prediction Amen thought he could make at the beginning of 2020. For this year’s dissection, Amen painted a particularly interesting picture of the numb...
Todd Amen Overdrive Radio President Todd Amen Independent Contractor Self Employed Owner Operator

Nationalized ABC Test Threatens Owner-Operator Model | Go By Truck Global News

A bill making its way through the U.S. House would follow in the footsteps of California’s A.B. 5 law, passed in late 2019 and codifying a prior court decision, by severely curtailing the ability of leased owner-operators to haul freight for larger motor carriers. The Protecting the Right to Organize (PRO) Act of 2021, in addition to other broad reforms to the nation’s labor laws, would institute the so-calledĀ ABC testĀ for determining whether a business can contract work to an independent...
United States Todd Spencer Joe Rajkovacz David Heller Truckload Carriers Association States Trucking Association

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