Tag: misclassification

Channel 19

1099 company drivers? Don’t need an ‘ABC test’ for that

Want to cut the skirting of self-employment tax, enhance employee protections offered by workers comp and unemployment insurance required of most bona fide employers? Enforcing previous, more nuanced independent contractor tests on the books should do that job just as well as any so-called ‘ABC test.’

January 29, 2020

Business

In lawsuit, state group says more than 70,000 owner-operators could be hampered by Calif. IC law

The California Trucking Association and two independent owner-operators based in the state have filed a lawsuit that seeks to derail California’s test for determining whether a worker should be classified as a company employee or an independent contractor.

November 14, 2019

Voices

POLL: Will California’s A.B. 5 contractor law directly affect your business?

California-based leased owner-operators, or those who haul into California, do you know at this point how the state’s A.B. 5 independent contractor law is going to affect your operation? Too early to say? Still mulling options? Weigh in here.

November 13, 2019

Channel 19

A third way to deal with new California independent contractor law will ring a bell to many owner-ops

Two paths for small fleets looking to preserve their relationship with owner-ops leased on if they’re based in California: 1. Owner-ops get authority. 2. The opposite: Employee owner-ops. There’s potentially a third way, says Jimmy Nevarez, doing what many independents did in the wake of emissions rules several years back …

September 27, 2019

Channel 19

California court battles over independent contractor ‘ABC test’: One case stayed while another proceeds

The California Trucking Association’s case against use of the problematic “ABC test” in determining appropriate independent contractor classification, has been stayed as of last week, pending the outcome of a similar case already at the Ninth Circuit Court of Appeals.

August 12, 2019

Business

Swift reportedly part of flight from owner-operator leasing in California

Trends for trucking fleets with Calif. operations to shy away from leasing owner-operators in Calif. could be in the works at one of the largest truck carriers.

February 22, 2019

Business

A small fleet v. the Teamsters

AB Trucking owner Bill Aboudi’s more than decade-long battle with union-inspired litigation and other efforts targeting his small fleet at the Port of Oakland: “I told the union, ‘I disagree with your assessment that all these guys actually want to be employees.'”

February 8, 2019

Business

The California independent contractor crisis: Undermining the owner-operator

The next battle in what some view as a West Coast war on owner-operators has nothing to do with truck emissions. Instead, California’s labor law developments, predatory lease-purchase practices and aggressive union organizing are stirring a legal stew for the independent contractor model in trucking.

February 4, 2019

Business

Port truckers land nearly $6M in classification claims

The California Labor Commissioner recently awarded nearly $6 million to 24 drivers who sued their carriers claiming they were misclassified as contractors. NFI did not own the two companies at the time the misclassification claims took place.

January 17, 2019

Voices

POLL: Ever been an employee owner-operator leased to a carrier?

As the independent contractor worker classification typically applied to leased owner-operators attracts scrutiny from a variety of quarters, one way for carriers to avoid allegations of misclassification is to designate O/Os as W-2 employees of the carrier and restructure contracts accordingly. Have you ever operated under such an arrangement?

January 7, 2019

Business

Court dismisses drivers’ lawsuit against TransAm Trucking

The case claimed that the two classes of drivers were misclassified as independent contractors according to state and federal law. Details here on Overdrive.

September 4, 2018

Business

ASECTT group presses ahead on CSA, safety rating reform and other issues

In addition to its chief concern over reliance on CSA SMS scores in safety assessment, ASECTT now turns attention to reform of the safety-audit system and federal preemption of state wage/hour laws and independent contractor classification, among other issues.

June 23, 2017