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Could AB5 going nationwide spell doom for trucking?

On today’s episode, Dooner and Chad are talking about AB5 possibly going nationwide, truckers fighting cap and trade, and a bill to fund truck parking hitting Congress. On another Mad Gaines, transportation attorney Cassandra Gaines rants about noncompetes. CNBC Business News’ Lori Ann LaRocco discusses the coronavirus impact on freight.

Kevin Hill tells us where the DHL Supply Chain Pricing Power Index has landed this week. Plus a recap of FreightWaves’ newest show: Put That Coffee Down — the freight sales podcast for closers. JP returns for our 150th broadcast to celebrate Passport, your ticket to FreightWaves: LIVE events and market research. All this and more. Thank you for making it to this mile marker with us.

Image Credit: Justice for Port Drivers

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The second annual F3: Future of Freight Festival will be held in Chattanooga, “The Scenic City,” this November. F3 combines innovation and entertainment — featuring live demos, industry experts discussing freight market trends for 2024, afternoon networking events, and Grammy Award-winning musicians performing in the evenings amidst the cool Appalachian fall weather.


  1. Noble1 suggests SMART truck drivers should UNITE & collectively cut out the middlemen from picking truck driver pockets ! IMHO


    AHEM !

    Good afternoon ladies & gentlemen ,

    I would like to bring an article that was released today to your attention .

    Precisely the section referring to “Defining dependence” in regards to “Independent Contractors” .
    Without further ado ,

    February 11 2020
    Driver Inc. consequences ‘significant’, says transportation lawyer

    Defining dependence
    ” The two Ontario Court of Appeal decisions also raise concerns about owner-operators who have their trucks working exclusively with one company, McAfee Wallace said.

    “The practical reality of the trucking industry is they can’t just take their truck and do work with other carriers,” she added. But based on case law, the long-term relationships could see these owner-operators defined as “dependent contractors”.

    Carriers should take the time to establish strong agreements that offer more than the legally required minimum termination notice, she said.

    “Avoid the independent contractor taking you to court.”
    End quote :
    Another ,

    Quote :
    “Understanding Dependent Contractors, and How to Avoid Legal Action  

    What are Dependent Contractors?
    Dependent Contractors are contractors that are economically reliant on one principal. To determine this, a court will consider whether the contractor:

    Is working predominantly for one principal.

    Is subject to the control of the principal as to how the services are provided.
    Uses his or her own tools in the provision of the services.
    Has undertaken any business risks, or expects a profit from the provision of the services.

    What Does this Mean for Employers?
    Unlike an independent contractor, a dependent contractor must be provided with reasonable notice of the termination of the contractor relationship. If notice of termination is not given, a dependent contractor can sue the principal, similar to how an employee can sue their employer.

    Regardless of how the parties choose to label the relationship, the courts will “look behind” the label that the parties use to determine the true nature of the relationship

    For example, there was a recent dependent contractor case, Khan v. All-Can Express Ltd. (2014 BCSC 1429) decided by the Supreme Court of British Columbia.

    In this case, Khan, an owner-operator of his own truck, entered into a contract to service Ace, a courier company. Khan signed a contract which stated that he was an independent contractor. The contract also stated that he was responsible for the maintenance of his truck and related expenses. He also had to hire a replacement driver when he was not available and he did not receive any employee benefits or vacation time.

    Despite the above, the court found that Khan, who had worked for Ace for five years, was a dependent contractor and awarded him four months of notice. In deciding that Khan was economically dependent on Ace, the court noted the following:
    Owner/operators, like Khan, had long term relationships with the company.

    Khan worked on a full time basis.
    Ace did not want Khan to work for competitors.
    Khan had to wear the Ace uniform and display the Ace logo on his truck.
    Khan had to follow Ace’s policies”

    You may also like to look up : Dependent Contractors – New Class of Workers Recognized in Ontario

    And , ‘Dependent’ contractor further clarified

    Dependant contractors may join an organized labour union . Quote:

    August 2014
    BREAKING NEWS: Cloud hanging over Highland Transport’s future
    “The Highland owner-ops, who are unionized Steelworkers members”

    All that just to point that out , LOL ! Are you a DEPENDANT CONTRACTOR misclassified as an independent contractor ??? Are you misleading yourself or being mislead ? Are you taking advantage of proper classification ? Or are you taking advantage of misclassification ?

    What’s your fight about ? For the right to remain misclassified ? Or for the right to be properly classified ?

    IMHO !

  2. Noble1 suggests SMART truck drivers should UNITE & collectively cut out the middlemen from picking truck driver pockets ! IMHO


    “Should you have sympathy for business owners? Absolutely.

    It’s a tough thing to do and there should be protections from predatory practices on the part of large companies that want to force out competition and soak up every penny of revenue that can be made in a market.

    Those giant competitors can depress revenues and push out smaller companies by lowering market prices for goods and services. Giant companies can set up competing operations and run at a loss for a period of time until the smaller companies are gone.

    But if you recognize the pain for the small business owner, do so as well for the worker.

    To suppress minimum wage requirements—which essentially say that groups of companies should not be able to push down compensation below an adequate cost of living—is to create an unreasonable dependency on employers.

    (By the way, please don’t fill in an argument that unemployment is low. That is true for multiple reasons, including shifting demographics, and if choices were truly plentiful for everyone, wages would have gone up far more than they have.)

    The desire to depress wages and make people dependent is the same reason so many in government and business have had such a split reaction to unauthorized immigration.

    They pretend to oppose the movement of people into the U.S. for political reasons, but they want the labor forces who can’t afford to argue and who will work very hard for low rates of pay.”

  3. Noble1 suggests SMART truck drivers should UNITE & collectively cut out the middlemen from picking truck driver pockets ! IMHO

    If YOU like FREEDOM , vote Democrat !

    Quote :

    “Republican lawmakers in numerous states are pushing legislation that would place restrictions on protesting rights”


    Trump suggests protesting should be illegal

    “”I don’t know why they don’t take care of a situation like that,” Trump said. “I think it’s embarrassing for the country to allow protesters. You don’t even know what side the protesters are on.”
    He added: “In the old days, we used to throw them out. Today, I guess they just keep screaming.”

    Quote :

    “President Trump has a record of attacking the rights of protesters, from suggesting that protest be illegal to praising dictators who crush any kind of dissent.”

    Quote :

    “More than 20 states have proposed bills that would crack down on protests and demonstrations since Donald Trump was elected”
    “This flood of bills represents an unprecedented level of hostility towards protesters in the 21st century”

    If YOU dislike FREEDOM , don’t forget to vote republican , LOL !


  4. Donald scott crupper

    I agree all the trucks big or small need to stop turn the key off let the ones always on our cases do without. The rates suck fuel is to high. There needs to be a change. The insurance is like buying a house you cant afford it

  5. Donald scott crupper

    I agree all the trucks big or small need to stop turn the key off let the ones always on our cases do without. The rates suck fuel is to high. There needs to be a change.

  6. Fawn Marie Linschoten-Gammelgard

    Like many other laws that rob the citizens of our country Cap and Trade have been rejected a great number of times when taken to the voters! Why should we keep putting up with being ignored? It is rude of those who keep proposing such disasters. This in the same unwise is a scam like our Congress was with the baseless Impeachment of our President Donald John Trump. My opinion is those who keep pushing the issue fund their charade! Also, pass a law that would eliminate the re-introduction of the same law illegal even under a new disguise. And I think that clarity in laws should be important with no piggybacks. 30 seconds to read and 60 seconds decision. If more than 30/60 then toss the law proposal out with the previously explained.

  7. C bear

    The trucking industry should shut down all across usa for a month or two they can’t live without trucks … No matter what so we shut down and they have no to let paper to wipe there be hind for long or food or tv’s or what else they need they can haul enough in there cars

Comments are closed.

Timothy Dooner

Dooner is an award-winning podcaster who hosts and produces FreightWaves' WHAT THE TRUCK?!? In under a year he helped build FreightCasts, the world’s largest logistics and supply chain podcast network in media. WTT is ranked in Apple Podcasts top-20 Business News podcasts. He also writes a newsletter of the same title with over 15k subscribers in the supply chain and trucking niche. Dooner has been in freight since 2005 and has held directors positions in operations, sales, consulting, and marketing. He has worked with FedEx, Reebok, Adidas, L.L. Bean, Hasbro, Louis Vuitton, and many more high level clients across the full spectrum of the supply chain. He was a featured speaker at TEDx Chattanooga.