Will Califonias new AB5 law

Ab5 temp block by federal judge. Looks like ab5 is gonna fail!!!

 

California won’t give up, trust me they need the payroll taxes and other things.

 

I hate to say it but the lack of bargaining power for O/Os when dealing with mega carriers and especially L/Os having no voice... I can understand why they passed AB5.

Trucking companies should shut up and just be happy they don't have to pay overtime like most other industries; they should be grateful for the longstanding special carve-outs and exemptions they already have. They asked for special govt' treatment, and they're learning that if Uncle Sam can give, he can also take.

Once trucking companies agree to be bound by normal labor standards which include paying overtime after 40, two weeks vacation, and hourly pay (no cpm/piecerate) like every. other. industry. then I'll have some sympathy for them.

 

Not sure if owner operators deal with large carriers unless they are leased on, meaning they aren’t truly owner operators in that sense. L/O’s get paid by mileage and costs are covered in the rate they are given, if it’s not enough then they should find a better carrier to lease onto.

With this law it would be cheaper to get minimum wage earners in trucks then to have L/O/s because to pay an L/O hourly vs someone who is minimum wage is not worth it.

California wins more payroll taxes.


One thing i see happening is a court case going to SCOTUS with 70hr work week being reduced now to 40 because trucking companies having to pay for OT because they are not sure if they are exempt from OT laws because a trucker can legally work for 14 hours a day.

 

I believe that's called States rights. It is what my repub friends have been preaching about and calling for ever since Reagan.

 

Yes, before this is settled one way or another. It will be tied up in courts for a long time. Keep your eyes open, it's only a matter of time. Before you start to see that old dance, the Washington two step. Unlikely alliances of dems, repubs indies, will pop up on both sides. In some places you will see Unions and repubs taking sides against big business and dems.

 

Please quote the article so others can read it. Thanx

 

Would be great to see a "REAL" article researched and published by a reputable non biased source. Reading something published by ATBS is same as reading it from CCJ or ATA

 

Anybody working over 40 hours a week should have to pay OT. Period.

The minute govt' starts granting "exceptions" in one industry or another, we cease to be a free market capitalist nation and start moving in the direction of "crony capitalism", "state capitalism", "light-touch socialism", or what have you.

If companies have trouble paying OT, they can either A. hire more workers or B. demand higher rates.

Rates have to go up. That 2-day shipping isn't "free". It comes at a human cost. That cost should have to be borne out by consumers.

 

true, but we're dealing with "interstate commerce" here. The founders wrote the commerce clause into the constitution so that folks who cross state lines to do business won't get entrapped by fifty different wildly divergent sets of laws and regulations.

Remember: it's not practical (and arguably not neurologically possible) for a human being to memorize the entire FMCSR, let alone 50 different FMCSRs. And since "ignorance is no excuse" the laws MUST be standardized (if not simplified) enough that folks can't receive a ticket every time they cross a state line.

Missouri CANNOT set up an immigration and customs checkpoint on the Illinois border anymore than California should be allowed to arbitrarily change a rule here, tweak a minor reg there, and start handing out tickets at the Oregon border. The commerce clause is to PROTECT interstate travelers and business from the redneck sheriff or revenue hungry politician or misguided ideologue in the statehouse.

It's a balancing act, for sure.