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Employee Misclassification

A final rule clarifying the definition of independent contractor published Jan. 7 by the Department of Labor covers several issues specific to trucking – but there are questions as to whether it will actually take effect under the incoming Biden administration.

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Could Prop 22 Help Solve the Worker Misclassification Problem?

California voters approved Proposition 22, agreeing with the gig economy companies that the state’s strict ABC test set forth in last year’s controversial AB5 law should not apply to drivers such as those for Uber and Lyft. What does this mean for trucking?

Season Two of HDT Talks Trucking Podcast Now Available

Season two of the HDT Talks Trucking podcast is now available, covering topics such as California’s AB5 law restricting the use of independent contractors, autonomous trucks, electric trucks, and reducing unscheduled downtime.

Sweeping Labor Bill Would Limit Independent Contractor Use Nationwide

Business and trucking interests are criticizing a union-backed labor bill passed by the U.S. House of Representatives. Among other things, the bill would rewrite how independent contractors are defined along the same lines as the controversial new AB5 law in California, which would upend trucking’s longstanding use of owner-operators.

New Jersey Cracks Down on Independent Contractor Misclassification

While one New Jersey bill that attempted to change the way the state determines who's an independent contractor did not make it through the recently ended special legislative session, the state’s governor has signed several other new laws that “create extreme risk for anyone utilizing independent contractors,” according to one labor attorney.

Judge: California Can't Enforce AB5 Against Trucking

A U.S. Southern District Court on Jan. 16 granted a preliminary injunction prohibiting California state officials from enforcing a controversial new law against motor carriers that makes it virtually impossible to contract with owner-operators in the state.