Independent truckers recently shut down the Port of Oakland in protest as California moves to strip them of their right to self-employment. Among the most followed storylines in the trucking sector, owner-operators are making splashy headlines across the mainstream media as protests flare.
After a lengthy court battle waged by the California Trucking Association, the U.S. Supreme Court stunned the industry by siding with Pres. Biden’s solicitor general and thumbing its collective nose at an appeal to carve out an exemption. The trucking advocacy organization argued the wrong-headed AB5 law contradicted federal statutes that prevent interference with the practice of independent trucking.
Now California thrusts upwards of 70,000 truckers into making a difficult decision. They can either bend the knee and sign on as employees making lower salaries or move to a more trucker-friendly state.
“So far there has been no contact with the governor’s office. It seems the governor is not concerned about taking American workers’ rights away,” Bill Aboudi, owner of AB Trucking, reportedly said during a Port of Oakland protest. “These are independent, small businesses that choose to operate their own trucks, and now that right is taken away from them. They do pay taxes. They do have insurance. It’s their choice to do that.”
But one of the facts about AB5 media outlets are not emphasizing is that Golden State lawmakers and Gov. Gavin Newsom were more than generous with other occupations. They created a veritable laundry list of professions that would not be subject to AB5 regulations. These include the following.
- Surgeons
- Dentists
- Podiatrists
- Psychologists
- Veterinarians
- Lawyers
- Architects
- Engineers
- Private Investigators
- Real Estate Agents
- Accountants
- Securities Brokers
- Investment Advisers
- Direct Sales Salespersons
- House Cleaners
- Dog Walkers
- Travel Agents
- Graphic Designers
- Grant Writers
- Estheticians
- Electrologists
- Manicurists
- Barbers
- Cosmetologists
- Home Inspectors
- Appraisers
- Pool Cleaners
To say the list of people who are exempt from AB5 is extensive would be something of an understatement. And even a cursory look at the most impacted people indicates blue-collar workers were targeted far more than others. The notion that a manicurist can freelance at a salon, but an essential worker cannot negotiate a contract to keep America’s supply chains open stands logic on its head.
California politicians were more than happy to see their grocery stores stocked during the height of the pandemic while truckers faced uncertainty about their health and welfare. So, does it seem logical, fair, and just for lawmakers and Gov. Newsom to circle back and add truckers to their preferred professionals’ list. That’s obviously a rhetorical question.
There are pragmatic reasons for Gov. Newsom to do the right thing by owner-operators. Ports are — again — experiencing bottlenecks. Rail systems were expected to bail out the lengthy shipping container delays. But railroads were unable to handle increased volume and are linked to extended wait times.
By contrast, truckers continue to effectively haul the lion’s share of freight even as the state moves to take away self-employment rights. But truth be told, truckers came through during the country’s darkest hours. It’s time to treat the men and women who haul 72 percent of our goods and materials fairly.
Sources:
https://www.nolo.com/legal-encyclopedia/exempt-job-categories-under-californias-new-ab5-law.html
https://www.ymsllp.com/blog/2020/december/workers-what-to-know-about-california-s-ab5/
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