Workers Fight For Rights In Independent Contractor Trucking Jobs

Workers in independent contractor trucking jobs are currently fighting against classifications that allow low wages and denied overtime.

Trucking companies in California have not had much luck fighting against truck driver reforms for independent truck drivers. In the Golden State, companies are trying to argue that state regulations are preempted by federal labor laws. However, they have not had great luck with this argument.

In March 2019, the Western States Trucking Association (WSTA) failed to block a California Supreme Court decision from April 2018. This decision upheld the “ABC test” used to differentiate between employees and independent contractors, making it harder for companies like trucking organizations to classify their workers as contractors.

“These decisions demonstrate that the courts are not the refuge the trucking industry had hoped they would be,” a San Francisco attorney told Law 360.

California wage and hour laws provide more worker protection than at the federal level. The ABC standard in California stated that all workers are employees unless:

• Workers are free from supervision by a company;
• Workers perform work outside the usual place of business; and
• Workers work “in an independently established trade, occupation or business of the same nature”

Like other companies before them, the WSTA argued against truckers by claiming that workplace standards like the ABC standard in California are preempted by more business-friendly federal laws. The WSTA also argued that workplace standards discriminated against the trucking industry by increasing the cost of labor and interfering with transportation of goods between states.

However, these arguments against independent truck drivers by the WSTA did not stand up in court and their complaint was dismissed.

“While the judge felt constrained by prior Ninth Circuit precedent […] we are looking forward to our legal arguments being heard on appeal,” the WSTA said on their website. “We will be perfecting the appeal shortly and remain committed to taking this question to the U.S. Supreme Court if necessary.”

Although failing to comply with state regulations benefits trucking companies, truckers are often the ones who get the short end of the stick.

Struggles of Independent Contractor Truck Drivers

Although there are benefits to being an independent contractor, there are numerous struggles associated with this type of trucking. Independent contractor trucking jobs mean that truckers are responsible for a variety of expenses including truck purchase, fuel, fuel taxes, insurance, licensing and permit fees, maintenance, and more.

With all of the costs associated with independent contractor trucking jobs, these workers are often not paid the equivalent of minimum wage for their long hours. Some independent contractor truckers argue that truck companies violate labor laws by paying low wages.

Truckers may want to speak to a labor attorney about being misclassified as an independent contractor trucking jobs if the following apply:

• The trucking company sets your hours and controls your schedule
• Trucking company controls load assignments
• The trucking company controls mileage rates
• You work under the direct control of the trucking company
• You perform tasks determined by the trucking company
• The trucking company tracks you via GPS
• You are limited in your ability to do work for other freight carriers
• The trucking company prevents you from enlisting another worker to help with your duties

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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