Truckers protesting their inclusion under a California worker classification law that made it harder for companies to continue using business models that rely on independent contractors have shut down the state’s third-busiest port for five days.
The 2019 law, Assembly Bill 5, codified a three-prong “ABC test” for whether workers can be considered independent contractors or employees entitled to job benefits and union representation. Protests erupted across California last week after the US Supreme Court declined to review a case challenging the application of A.B. 5 to truckers.
The trucking industry has long fought to be exempt from state worker classification laws, and now about 70,000 truck owner-operators in the state are expected to be required to comply with the law.
The protests led the Port of Oakland to close most operations starting July 18. Unionized dockworkers have supported the truckers in their protest even though the two unions representing dockworkers and employee-designated truckers outwardly support A.B. 5.
1. What is the ‘ABC test’?
A.B. 5 codified a 2018 California Supreme Court decision requiring employers in the state to apply a three-part test to determine whether a worker is an employee entitled to job benefits or an independent contractor who isn’t.
To prove that a worker is an independent contractor, an employer must show: (A) the worker has freedom from control over how to perform the service; (B) the service is outside the company’s usual...
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