Trucking and labor nationwide are engaged in a debate over what determines independent contractor status, as lawmakers and courts consider whether owner-operators should be classified as employees.
In recent years, unions increasingly have backed lawsuits and legislation to force owner-operators to be classified as employees. As budgets tighten, lawmakers have become more receptive to proposals while attempting to replenish tax revenue.
Additionally, environmental and labor groups have promoted banning owner-operators at ports. They argue employee status is necessary for truckers to afford upgrades that meet stricter emissions standards that now exist in many ports.
Here’s a look at some key IC status legislation or litigation around the country:
New York, New Jersey:
New York has a law with new criteria determining independent contractor status, and New Jersey is reconsidering a bill barring owner-operators from drayage and parcel delivery service.
The compliance date for New York’s law is April 10, postponed slightly by some amendments made by the state’s legislature after Gov. Andrew Cuomo signed the bill and sent it back for some changes.
