California’s attack on independent truckers prompted a wave of CDL holders to vacate the premises after AB5 was signed into law. With one lawsuit against AB5 failing to gain an appeal from the U.S. Supreme Court and another challenge suffering a loss in lower courts, owner-operators may be wise to hit the road and move to another state.
The state’s AB5 law effectively eliminates gig workers and independent contractors by forcing companies to put them on payrolls or cease doing business with them altogether. The strategically crafted law upends the longstanding independent trucker industry by insisting that work done as part of a company’s normal practice can only be conducted by employees. Obviously, owner-operators who haul loads for retailers, fleet operations, or freight carriers are handling a fundamental practice.
That’s largely why the high court recently turned down a bid by Cal Cartage Transportation Express to overturn a lower-court decision that sought an AB5 exemption. But some independent truckers appear to be hoping against the odds that the U.S. Supreme Court will somehow see the arguments brought by the California Trucking Association (CTA) against AB5 differently.
“The contributions of California’s 70,000 independent truckers have been vital to keeping the United States afloat during this supply chain crisis,” CTA CEO Shawn Yadon reportedly said. “They deserve their day in court, and we are hopeful that the U.S. Supreme Court will grant the CTA’s petition in CTA v. Bonta.”
Although the Cal Cartage case does not directly impact the CTA’s appeal, California officials had until Oct. 12 to file their brief. After that, it could be something of a waiting game for independent truckers and the CTA to know how to proceed.
The California law widely took effect in January 2020 even though challenges by the CTA and others garnered temporary injunctions. A number of owner-operators decided to relocate before suffering the consequences of lower salaries after being wrongfully reclassified as employees. Brian and Karol Gray were among the early truckers to see the writing on the wall. They reportedly moved out of California and rebuilt their life in Oklahoma.
“Starting from scratch in a state where we know no one has been difficult, but it will be worth it,” Brian Gray reportedly said. “I miss the contacts I had in California, who could vouch for my work, but eventually that will happen here.”
The owner-operator also pointed out that the California Air Resources Board’s (CARB) recent rules effectively sidelined his 1999 Peterbilt semi based on emissions standards. In January 2020, at the same time AB5 confronted independent truckers, the state’s DMV informed upwards of 4,000 CDL holders their vehicles no longer met compliance standards and registrations would not be renewed.
It might be pretty to believe the U.S. Supreme Court will right the wrong perpetrated by California’s attack on independent truck drivers. The CTA securing a win is like throwing up a Hail Mary shot as the clock expires. But even if CTA beats the odds, owner-operators may want to consider the Golden State’s hostile business environment and the fact you get more bang for your buck living in somewhere else.
Sources: overdriveonline.com, trucks.com, ccjdigital.com
Just another reason why California should be removed from the Union.
Amen Brother, spot on true !
Who would pay Mexico to take it back?… california, connecticut, new jersey and new york should remember last year shortage of goodies on they retail stores, even on the wholesale.
It is our, truck drivers fault, we complain about the cost and the way they treat us, like sub humans, slaves of the market, specially by shippers,brokers and receiver’s, who think they are gods and we are the devils 💩, yet we fail to support one another, to stand by one another, even union drivers are working against each other, troopers are worse than ever on pursuit trucks, non commercial drivers, are way more provocative and harassing than ever, receivers and shippers got way worse than before this fake pandemic times.
And FMCSA aways bent its own rules just to look good, as we sacrifice our lifes for those HIPOCRITES, they enforce or relax its rules i order to serve their own agenda.. this why i sold my trucks , HIPOCRITES. We should get together, park our trucks on every highway exit and entrance, yes block it for at.least couple of days.. no goodies in or out, untill FMCSA and all those temporary state employees, ( yes, temporary because they need to be voted) get educated about trucking industry and give us, better pay,benefits, lower prices on maintenance, fuel, partes and tires.. less tolls, less taxes.. or at least the same incentive they are giving big carriers, and school bus companies… THEY NEED US, THEY CANNOT SURVIVE WITHOUT TRUCKS AND TRUCKERS, SCREW TESLA AND ITS SELF DRIVEN TRUCKS, IF IT WORKS, AIRPLANES AND LOCOMOTIVES WORLD NEED PILOTS AND DRIVERS… WAKE UP DRIVERS.. WE ARE IN NEED..
Quartzite is a heck of a commute to the ports.
Absolute stupidly!
I am moving to California.
F@#*$^** CALIFORNIA, CONNECTICUT, NEW YORK,NEW JERSEY, AND ALL OTHER STATE AND PEOPLE AGAINST TRUCK AND TRUCKERS.. HIPOCRITES. THEY WOULDN’T SURVIVE 2 WEEKS WITHOUT US.
ONE QUESTION… WILL THOSE COMPANIES, PAY FOR OUR TRUCKS? ALL EXPENSES? FUEL,TIRES,REPAIRS,PARTS, TAXES, INSURANCES,PAYMENTS, ETC AND ETC? IF THEY DO.. MY HOURLY RATE IS 50,00 A HOUR, 100,00 A HOUR DOCK TIME, AFTER FIRST 30 MINUTES OF ARRIVAL. NO FINGER PRINT LOADS, NO LIVE LOAD, 200,00 A HOUR WAITING TIME AT SHIPPER OR RECEIVER, FOR STARTS
What a bunch of IGNORANT PHU$KS!
Under current IRS Rules you are nothing more than a glorified employee! You should be paid for your efforts! Start thanking the powers that be, for thinking of your wellbeing!
I’m 54. and seriously considering attaining a CDL A. . What would be the smartest move to employment, independent or employee for a trucking company? Keep in mind that my ultimate goal is to make the most money. Please reply with your viewpoint, and ty for your time.