Unions increasingly back lawsuits and state laws that would force owner-operators to be classified as employees, and lawmakers are more open to proposals to boost tax revenue.
Environmental and labor groups have also joined the movement to ban owner-operators from ports, arguing that they can’t afford upgrades to meet tighter emissions rules imposed by ports and a change in employee status is necessary.
Here’s a roundup of some key misclassification action nationwide:
New York: In a new law taking effect April 1, new criteria will determine independent contractor status. The New York State Commercial Goods Transportation Industry Fair Play Act has support from both trucking and labor, says N.Y. Gov. Andrew Cuomo. The law is expected to help better determine whether truck drivers should be classified as an owner-operator or a company driver. It was supported by both the New York Motor Truck Association and the Teamsters. It includes penalties for willful violators and protections for drivers from retaliation by employers.
New Jersey: New Jersey is once again considering legislation to bar owner-operators from port and parcel deliver services. Gov. Chris Christie vetoed an identical bill last year. The new law, the Truck Operator Independent Contractor Act, is being considered in both chambers of the state’s Congress. ATA and OOIDA both opposed the legislation last year.
Georgia: A bill in the state’s Senate would target misclassification in trucking and other industries, implementing tighter definitions of employee status and hiking penalties for misclassification. The Teamsters and port trucks held a press conference with the sponsors of the bill Feb. 26.
