Heavy Duty Trucking Logo
MenuMENU
SearchSEARCH

Program Grants Amnesty to California Carriers That Misclassify Drivers

The California Labor Commissioner’s Office is accepting applications for an amnesty program that will allow carriers to reclassify drivers as employees and avoid liability for misclassifying them as independent contractors.

by Staff
May 9, 2016
Program Grants Amnesty to California Carriers That Misclassify Drivers

 

2 min to read


The California Labor Commissioner’s Office is accepting applications for an amnesty program that will allow carriers to reclassify drivers as employees and avoid liability for misclassifying them as independent contractors.

The Motor Carrier Employer Amnesty Program allows port drayage companies to enter into a settlement agreement with the Labor Commissioner and Employment Development Department, where the carrier agrees to pay all wages and benefits owed to drivers misclassified as independent contractors, pay all taxes owed to the state, and classify drivers as employees. The program ends Dec. 31, 2016.

Ad Loading...

"The sheer number of claims filed and wages awarded to misclassified port truck drivers over the last several years demonstrates a significant problem in the industry," said Julie A. Su, labor commissioner. "This amnesty program provides an opportunity for motor carriers to remedy these problems and correct past abuses."

Since 2011 there have been nearly 800 wage claims with the Labor Commissioner’s Office for misclassification resulting in $35 million awarded to misclassified port truck drivers in 302 cases. In addition to legal cases, California’s ports and trucking companies have been affected by union-organized driver strikes related to the issue.

The drivers at the heart of the issue are often classified as independent contractors rather than company employees. Groups such as the Teamsters union allege that companies are using the classification to avoid giving drivers the full benefits of a company employee.

Ad Loading...

Recently, the National Labor Relations board filed a complaint against port trucking company Intermodal Bridge Transport based on charges by the Teamsters Union that the company was misclassifying its drivers. Unless the two sides agree on a settlement, the complaint could lead to the case being presented before an administrative law judge.

"Worker misclassification is a form of wage theft as it denies workers all the rights and benefits of employee status,” said Su.

Eligible motor carriers can apply for this voluntary program by filling out the Motor Carrier Employer Amnesty Program (AB 621) application and mailing it to Labor Commissioner's Legal Section, 300 Oceangate, #850, Long Beach, CA 90802. The application may also be emailed to AB621@dir.ca.gov.

More Drivers

Alleged Ohio toll evasion truck.
Driversby News/Media ReleaseMay 5, 2026

Illinois Trucker Indicted for Nearly $22,000 in Ohio Turnpike Toll Evasion

Authorities say an Illinois trucker avoided paying tolls for two years, and now faces felony charges, possible prison time, and forfeiture of his Freightliner tractor.

Read More →
Illustration with trojan horse and lock with inside of cargo container in background
Fleet Managementby News/Media ReleaseApril 23, 2026

New Trojan Driver Cargo Theft Scam Bypasses Carrier Vetting Systems

Cargo theft rings plant operatives as drivers inside legitimate, fully vetted carriers, then execute coordinated thefts that look like a traditional straight theft from the outside.

Read More →
Female truck driver.
Driversby News/Media ReleaseApril 21, 2026

WIM, Trucker Path Name Top 3 Women-Friendly Truck Stops

ATA’s Women In Motion Council and Trucker Path highlight three truck stops that meet all seven safety-focused criteria and rank highest among female drivers.

Read More →
Ad Loading...
Illustration of driver medical exam paperwork over duotone background of a blood pressure check

FMCSA Extends Paper Medical Card Exemption … Again

Five states still aren't ready to accept commercial driver medical exam information directly from the medical examiner's registry.

Read More →
Mack Pioneer tractor.
Driversby Jack RobertsApril 10, 2026

Mack Launches Digital Driver Guide for Chassis-Specific Truck Info

Mack’s new, virtual owner’s manual delivers VIN-based, on-demand guidance for vehicle systems via web, app, and soon in-cab displays.

Read More →
Close-up of Western Star truck logo with red star emblem on chrome grille, representing the brand’s identity in the trucking industry.
Driversby News/Media ReleaseApril 6, 2026

Western Star Showcases Truckers' Pride and Skill

Western Star is expanding its Star Nation Experience in 2026, adding new competitions and dealer participation to highlight operator skills and promote careers in trucking.

Read More →
Ad Loading...
Photo of truck driver at podium holding award
Driversby News/Media ReleaseMarch 27, 2026

Best Fleets to Drive For: Two Carriers Earn Overall Award for First Time

CarriersEdge announced the 2026 Best Fleets to Drive For overall winners, with Crawford Trucking, Fortigo Freight Services, and FTC Transportation receiving top awards.

Read More →
Illustration of Department of Labor building, diesel technician at a computer, and driver training semi trailer
Driversby Deborah LockridgeMarch 10, 2026

Federal Proposal Would Allow Pell Grants for Shorter-Term Job Training

The Department of Labor plans to expand Pell Grant eligibility to some shorter workforce training programs, a move the American Trucking Associations said will help strengthen commercial driver training schools and diesel technician training programs.

Read More →
Illustration of truck owner operator and magnifying glass with the word "regulations"
Driversby Deborah LockridgeFebruary 26, 2026

Owner-Operator Model Gets Boost as DOL Proposes 2024 Independent Contractor Definition Reversal

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.

Read More →
Ad Loading...
 Truck with door open and enforcement officer talking to driver about ELD
Safety & ComplianceFebruary 26, 2026

FMCSA Reinstates Field Warrior ELD to Registered Device List

One electronic logging device has been reinstated to the FMCSA's list of registered ELDs.

Read More →