Heavy Duty Trucking Logo
MenuMENU
SearchSEARCH

Bill Would Hold Retailers Liable for Trucking Company Labor Violations

California state Sen. Ricardo Lara introduced a bill that would hold major retailers liable when trucking companies break labor laws, sparked by allegations of misconduct by some port drayage companies.

April 13, 2018
3 min to read


A new bill in California would punish retailers for working with port trucking companies that have been found in violation of labor and employement laws.Photo: Port of Long Beach

California state Sen. Ricardo Lara introduced a bill that would hold major retailers liable when trucking companies break labor laws, sparked by allegations of misconduct by some port drayage companies.

The bill is another attempt to solve the ongoing “driver misclassification” issue at the twin Southern California ports of Los Angeles and Long Beach. Cities such as Los Angeles have been exploring ways to pressure trucking companies into compliance in the past few months, and this bill is the latest effort by state legislators. 

Ad Loading...

Drivers who are considered independent contractors, rather than employees, are not afforded the same wages, benefits, and security of full employees. Several class-action lawsuits have been filed against port trucking companies to compensate drivers for what they say is due them. The idea behind the bill is to force trucking companies into compliance by hitting them in the wallet.

“Port truckers are driving the global economy and delivering for the biggest brands, but they can barely afford to buy clothes for their families,” said Sen. Lara. “These used to be good jobs, and they can be good jobs again if retailers join us in improving labor conditions here in California and putting dignity back in the driver’s seat.”

The bill, SB 1402, would make retailers liable for hiring port trucking companies with unpaid final judgements related to labor and employment law violations. Violations can include failure to pay proper wages or benefits to drivers or imposing unlawful expenses on them. It would create a list of trucking companies that failed to pay final judgements. If retailers hire any of the companies on the list to move goods in and out of the ports, they will also be held liable for future state labor and employment law violations by these companies.

Ad Loading...

The bill is supported by the mayors representing California’s three largest ports, Long Beach Mayor Robert Garcia, Los Angeles Mayor Eric Garcetti, and Oakland Mayor Libby Schaaf.

“While we have some great trucking companies working at the ports, we need to fix our system to make sure all truckers are treated fairly,” said Garcia. “We need to raise standards, and wages, in the industry while increasing efficiency to make sure our ports continue to be engines of growth.”

There is tension between trucking industry members and labor advocates in the state on whether a problem actually exists. But proponents of change, such as Sen. Lara and the advocacy group Justice for Port Truck Drivers, say drivers are being improperly classified as independent contractors when the drivers have little freedom to choose when and where to work. In some instances, drivers are locked into truck leases that effectively prevent them from working for more than one company and are so expensive that the take-home pay is minimal.

In the past few years, trucking companies that serve these Southern California ports have been hit with multiple lawsuits for this issue, tallying millions of dollars in judgements. The California Labor Commission has generally ruled in favor of drivers in these lawsuits, and the issue has received more public attention through a controversial USA Today series that highlighted the plight of some drivers who were struggling to make a living wage while illegally working long hours.

The Harbor Trucking Association, which represents many of the trucking companies servicing the ports in Southern California, has called the reports misleading, saying USA Today sensationalized the industry by cherry-picking the worst cases. And the stance from the HTA has been that trucking companies have a right choose their business model and that drivers have the right to choose their employment status. Other groups, such as the California Trucking Association, believe that enforcing this proposed rule would only exacerbate the driver shortage. 

More Drivers

Truck driver in a blue-tinted cab beside a hand holding cash, with the headline “Competing for Drivers.”
Drivers•by Deborah Lockridge•October 29, 2026

Why Hiring Truck Drivers Is Getting Harder

Higher recruiting costs, a shrinking driver pool, and renewed pay competition are raising the stakes for fleets heading into 2027.

Read More →
Two red heavy-duty Class 8 trucks with Roehl branding
Drivers•by News/Media Release•October 27, 2026

Roehl Offers Truck Drivers $10,000 Retention Incentive

Payments begin after the first load and continue in mileage-based installments for eligible experienced drivers joining the fleet.

Read More →
PS Coach tablet interface showing a driver’s coaching inbox, safety event video and coaching advice for a harsh-braking event.
Fleet Management•by News/Media Release•October 21, 2026

Platform Science Adds Dispatch and Safety Tools

Four additions to PS Fleet help fleets monitor loads, manage driver coaching, share truck locations and adjust video system settings.

Read More →
Ad Loading...
Man with police badge on his arm by an open commercial truck door examining paperwork
Safety & Compliance•October 15, 2026

When Language Stops the Truck: The Return of ELP Out-of-Service Orders

English language proficiency rules for commercial drivers aren’t new, but renewed out-of-service enforcement has raised the stakes. Here’s what carriers need to know before a driver reaches a roadside inspection.

Read More →
Illustration of silver robot waving his hand and a Samsara AI prompt on screen to call drivers
Fleet Management•by Staff•October 13, 2026

Samsara Launches Custom AI Agent Builder

Agent Studio lets fleets create AI tools for hours-of-service monitoring, reporting and driver support, including agents that communicate by phone.

Read More →
Illustration of trucks parked in lot with Trucker Path app on phone screen superimposed on top
Drivers•by News/Media Release•October 6, 2026

Trucker Path Expands Reserved Parking Network

Trucker Path has added close to 6,000 more truck parking spaces to its Trucker Path Reserved Parking Network with the addition of Safe Truck Parking.

Read More →
Ad Loading...
photo of older driver standing with arms crossed with truck in the background, with a photo illustrating equal opportunity law inset upper left.
Drivers•by Staff•September 28, 2026

EEOC Sues Texas Trucking Company Over Driver Age Limits

The agency says Trancasa USA rejected applicants over 65 and applied tougher driving-record standards to those over 60.

Read More →
Red Nussbaum Class 8 tractor pulling white and red trailer with aero fairings and skirts
Drivers•by Staff•September 23, 2026

Nussbaum, Roehl Announce Second Driver Pay Increase This Year

This year has seen a swath of major truck driver pay increases as freight capacity has tightened.

Read More →
Photo of smiling truck driver Harold Perry with arms crossed in front of Southeastern Freight Lines truck
Drivers•September 17, 2026

From One Generation to the Next: How Mentorship Builds Safer Truck Drivers

After three decades in trucking, Harold Perry shares what he's learned about driver safety, mentorship, and helping the next generation build confidence behind the wheel.

Read More →
Ad Loading...
Illustration with driver behind the wheel, an alert sign, and a laptop
Drivers•by Lauren Fletcher•September 9, 2026

Truck Drivers Need More Than Another Alert

Fleets have more visibility into truck health, safety events, and driver activity than ever. The next challenge is turning all that information into useful guidance for the person who has to decide what to do next.

Read More →