California Trucking Association Drops Appeal Against AB5: A New Era for Truck Drivers and Motor Carriers

The recent decision by the California Trucking Association (CTA) to drop its appeal against California’s Assembly Bill 5 (AB5) marks a significant turning point for truck drivers and motor carriers in the state. AB5, a law that redefines the classification of independent contractors, has been a contentious issue within the trucking industry since its inception in 2019. The law mandates that workers must meet specific criteria under the ABC test to be considered independent contractors, fundamentally challenging the traditional model of owner-operators in trucking.

Implications for Truck Drivers

The enforcement of AB5 directly affects owner-operators—truck drivers who own and operate their own rigs. Under the ABC test, many of these drivers no longer qualify as independent contractors, potentially forcing them to become employees of motor carriers or cease operations altogether. This shift could lead to reduced flexibility, increased operational costs, and potential job losses for drivers who value their independence.

For drivers, AB5 means navigating a new landscape where their roles are more regulated, and the freedom that many sought in becoming owner-operators is curtailed. The added regulatory burden and potential need to transition to employee status could significantly disrupt the livelihoods of thousands of drivers who have built their careers around the independent contractor model.

Consequences for Motor Carriers

Motor carriers, the companies that hire truck drivers, are also facing substantial challenges due to AB5. With the CTA dropping its appeal, motor carriers operating in California must now comply fully with AB5, which could involve reclassifying independent contractors as employees. This reclassification would bring increased costs related to employee benefits, payroll taxes, and workers’ compensation insurance.

Additionally, the shift from independent contractors to employees could disrupt existing business models, forcing carriers to rethink how they operate in California. Some may choose to limit their operations within the state or pass on increased costs to consumers, potentially leading to higher freight rates.

The Broader Impact

The CTA’s decision to drop the appeal signals the end of a prolonged legal battle and a move toward compliance rather than continued resistance. For the trucking industry, particularly in California, this decision underscores the growing influence of legislation aimed at protecting workers’ rights, even as it disrupts traditional business practices.

As the industry adjusts to this new reality, the long-term effects of AB5 will become more apparent. Truck drivers and motor carriers must now navigate this changed landscape, balancing the need for compliance with the desire to maintain profitability and independence in an increasingly regulated environment.

The outcome of this situation in California could set a precedent for other states considering similar legislation, making it a pivotal moment for the trucking industry nationwide. The next steps for truck drivers and motor carriers will involve strategic planning and adaptation to the new legal requirements, ensuring that they can continue to operate successfully in a post-AB5 world.

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Mike

Well-Known Member

26,678 messages 21,121 likes

The California Trucking Association is putting up a tough fight here, and it is a find for the entire industry, not just California. Getting closer to the Supreme Court making a decision, and if this is allowed to pass, it will spread quickly throughout the country.

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Rigjockey

In Gord we trust!

28,867 messages 29,591 likes

I don't think it would impact prices, routes or services.
If you are working for a company that has a mix of O/Os and company trucks the rate charged to the customer is the same no matter if an O/O is pulling the load or a company truck.
An all O/O outfit would still have to compete with other companies so, kinda the same rate.

I am not saying it is right. All I am saying is CTA's argument is pretty weak!

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Mike

Well-Known Member

26,678 messages 21,121 likes

AB5 puts an end to this. Owner Operators leased to carriers would be a thing of the past. If this passes, it would put an end to any landstar owner ops based in California. If it passes and gets adopted nationwide, it puts and end to every Landstar owner operators business out there. Same goes for every owner operator leased to every carrier in the united states. That business model will cease to exist.

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Electric Chicken

Well-Known Member

26,867 messages 22,911 likes

Cool. XPO can pay me more and let me run the ELD, IFTA and plates I have laying in a box. And I can peel their stupid decals off.

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Rigjockey

In Gord we trust!

28,867 messages 29,591 likes

I understand all of that and never debated any of that.
The part I challenged was that AB5 would have a significant impact on prices.
You chose to ignore that part of my post.

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Mike

Well-Known Member

26,678 messages 21,121 likes

Didn't ignore anything. It's this very change that I think will impact the rates in the trucking industry.

The NLRB is working on this as well at the national level, looking to change the game on what determines independent contractor status. The rumor is that they want to virtually copy California's AB5.

what the Supreme Court chooses to do (or possibly not do) could result in a major disruption to this industry.

Every effort to push small businesses out of this industry has failed.

This effort shuts down every small trucking business overnight. Only ones remaining will be single person business with their authority. Anything larger will be immediately reduced to one person.

the big carriers will quickly take up the slack by buying out all the owner operators who don't have authority and bringing in as many as possible as company drivers.

From there, the squeeze will be on to try to starve out the remaining independents via low rates, and that effort will begin immediately in order to prevent the independents from figuring out a way to survive this.

Then, if they are successful, rates will begin to push back up. Basically, the walmart effect. Drop the prices til the competition is eliminated.

That's what I see happening if this passes through.

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Mike

Well-Known Member

26,678 messages 21,121 likes

Didn't ignore anything. It's this very change that I think will impact the rates in the trucking industry.

The NLRB is working on this as well at the national level, looking to change the game on what determines independent contractor status. The rumor is that they want to virtually copy California's AB5.

what the Supreme Court chooses to do (or possibly not do) could result in a major disruption to this industry.

Every effort to push small businesses out of this industry has failed.

This effort shuts down every small trucking business overnight. Only ones remaining will be single person business with their authority. Anything larger will be immediately reduced to one person.

the big carriers will quickly take up the slack by buying out all the owner operators who don't have authority and bringing in as many as possible as company drivers.

From there, the squeeze will be on to try to starve out the remaining independents via low rates, and that effort will begin immediately in order to prevent the independents from figuring out a way to survive this.

Then, if they are successful, rates will begin to push back up. Basically, the walmart effect. Drop the prices til the competition is eliminated.

That's what I see happening if this passes through.

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Rigjockey

In Gord we trust!

28,867 messages 29,591 likes

Ok now I understand where you are coming from. That makes sense.

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Mike

Well-Known Member

26,678 messages 21,121 likes

Independent people have a way of standing up to government BS and the government is always looking for ways to eliminate independent people. Makes us easier to control. They basically killed the independent farmer and now have the big farms dependent on government subsidy to stay afloat. Prices of everything are virtually government controlled in this sector. This is what they want the trucking industry to become, and they have failed at every attempt.

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Rigjockey

In Gord we trust!

28,867 messages 29,591 likes

I can agree. I got into trucking in the 90's and since then they (Government) have been trying to eliminate the smaller players.
Mega fleets get heard ad smaller fleets are not heard. So many regs that have come into play since I started have been from the influence and input from the larger trucking companies and organizations .

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Mike

Well-Known Member

26,678 messages 21,121 likes

Supreme Court will be taking up AB5 tomorrow, so we could have a decision as early as Monday of next week.

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