Port Trucking Companies Say They’re Exempt From California Laws
Trucking companies accused by California of intentionally misclassifying truck drivers a independent contractors, rather than employee drivers, say there is nothing the state can do about it.
by Staff
December 19, 2013
1 min to read
Trucking companies accused by California of intentionally misclassifying truck drivers a independent contractors, rather than employee drivers, say there is nothing the state can do about it.
That’s the response they have given in papers filed with the U.S. District Court, according to the San Diego Free Press.
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Their target is the California Labor Commission, with six port trucking companies saying the commission has no jurisdiction over them because they are involved in interstate commerce, exempting them from complying with state wage, hour and employee laws.
This argument comes after the commission over the past year has reportedly ruled nearly 20 times that drivers were illegally misclassified and are owned around $65,000 each with the port trucking industry possibly being on the hook for $1 billion in past wages.
A good number of port truck drivers in California are regarded by their trucking companies as independent contractors, with claims they are grossly underpaid to save fleets money, with drivers having few, if any, legal protections as employee truckers.
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For an industry that has watched this issue go back and forth for years, the independent contractor proposal marks the latest swing in the regulatory pendulum.