California Wage & Hour Bill AB5 Affects Contract Truck Drivers and Environment

In addition to contract truck drivers, the environment may also be positively affected by a new ruling from California’s legislature.

California Assembly Bill 5

A new bill recently passed by the California State Assembly may increase the rights afforded to contract truck drivers in the state, as well as having an impact on the environment.

Contract truck drivers are often required to own or lease their own trucks. Although California has implemented policies encouraging the trucking industry to move towards low- or zero-emission vehicles, many contract truck drivers earn low wages and are unable to afford to update their trucks or buy new ones to comply with these emission policies.

If truck drivers are classified as employees, the trucking companies will be responsible for shouldering these costs and purchasing more environmentally friendly vehicles. And by this, Assembly Bill 5 may result in a significant decrease in air pollution in the state.

According to the California Air Resources Board, diesel-truck pollution is responsible for approximately 70 percent of airborne toxins that may lead to cancer. Forty percent of the greenhouse gas emissions in the state come from vehicles, and 20 percent of that is caused by heavy duty or diesel trucks.

Assembly Bill 5 and Contract Truck Drivers

More than Uber and Lyft drivers are impacted by Assembly Bill 5 (AB5). Under AB5, contract truck drivers in California who currently work as independent contractors may be able to become employees if they meet a simple requirement: In order to qualify to be classified as an employee, contract truck drivers must work exclusively under the control of their employer company and not independently operate their own contract trucking business.

When employees classify workers as independent contractors rather than employees, these workers are not entitled to the privileges and rights of employees. Independent contractors are often required to pay for their own healthcare, their own income taxes, and necessary equipment or tools necessary for their job. Employers do not withhold income taxes for independent contractors.

Additionally, contract workers are not covered by minimum wage laws and are not entitled to benefits including overtime pay or worker’s comp. Due to the costs of classifying workers as employees versus independent contractors, and in order to avoid paying for benefits, many companies choose the gig economy and incorrectly classify their workers as independent contractors.

Prior to AB5, misclassified independent drivers would go to court to fight for their rights.  Under California’s new Assembly Bill 5, it will become harder for employers to intentionally misclassify workers.

If you are a contract truck driver in California and believe you have been misclassified as an independent contractor rather than an employee, you may be affected by Assembly Bill 5.

Victims of purposeful misclassification may be eligible to hire an attorney and file a class action lawsuit against their current or former employer. California labor laws protect such employees, and those who file lawsuits may be able to collect compensation and reimbursement.

Join a Free Trucker Overtime Class Action Lawsuit Investigation

If you have worked as a contract truck driver and believe your carrier has failed to pay you minimum wage or overtime, or otherwise might not have honored a contract with you, you may qualify to file a truck driver lawsuit or class action lawsuit.

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