Tag: Western Truck Insurance

Federal Independent Contractor Model Up for Further Debate in Congress

Bob Holtzman

With the air of the recently passed AB5 hanging over California like a smog, and with executives from ride-sharing tech giants Uber and Lyft failing to appear at a Congressional hearing over lax safety oversight, lawmakers are turning their focus to independent contractor classification in the country.

Debates in Congress have been spurred on by regulations out west in California where legislation was passed by the State Assembly in May and the state Senate in September, outlining a way to determine the work status of independent contractors, such as truck drivers or ride-sharing drivers.

The hearing, which was overseen by the Highways and Transit subcommittee of the House Transportation and Infrastructure (T&I) Committee in October, honed in on the need for driver background checks for transportation network companies. This has all happened in the wake of homicides and assaults committed by people posing as ride-sharing drivers.

“It’s hard to imagine that Uber and Lyft didn’t actually show up here today – it’s really disrespectful to the committee and a bad play on their part,” said Thomas Suozzi (D-New York).

The Democrat from New York and his Republican colleague from New Jersey, Chris Smith, threw their support of laws requiring enhanced vehicle identification to make it more difficult to impersonate an actual ride-sharing driver.

Beyond addressing public safety issues surrounding independent contractors, whether in ride-sharing or trucking, Congressional members also debated the topic of worker classification, a big issue coming out of California, as mentioned above. The law will go into effect on January 1, 2020, and will lower the threshold in California for classifying a worker as an employee. This is projected to have major cost implications for everyone from ride-sharing companies to freight companies who hire truck drivers on a daily basis.

Certain Congressional members have shown support for the AB5 legislation, detailing its goal of identifying the difference between independent and permanent employees. This will surely have freight companies rethink the way they hire employees and classify them in their truck insurance options. This issue is gaining attention for its effects on Uber and Lyft in a state where ride-sharing arguably got its start or at least its growth.

The debate around whether or not to elevate stricter tests on independent contractor status outside of California, using the state as a jumping-off point, was also brought up with Republicans on the Hill shooting it down and Democrats wanting to push it along.

“I don’t necessarily think that this committee should blindly follow the state of California,” said Pete Stauber (R-Minnesota). My state is much different than the state of California. It’s much more rural, and I think we have to have a broader look at this issue the transportation network companies, and how we can serve not only urban but rural communities.”

About Western Truck Insurance Services

Western Truck Insurance Services is a commercial truck insurance agency with roots dating back to 1954. We have evolved into a highly respected, professionally managed, truck and transportation insurance brokerage. The hallmark of our organization is our desire to provide unparalleled service. We go way beyond what you expect to receive from an insurance brokerage. Equipped with state of the art automation, Western Truck Insurance can provide you with lightning fast truck insurance quotes, customer service, Insurance certificates, and coverage changes.

Ways to Improve Your Fleet

Bob Holtzman

Managing a trucking fleet comes with a host of challenges for owners and individuals in the industry. From evolving technology to changes in legislation from state to state, trucking fleets have more than just the day-to-day to take care of.

There is a major amount of pressure that comes with maintaining a successful and efficient fleet. A fleet manager is responsible for purchasing vehicles, driver management, record keeping, and vehicle maintenance, among other things. While this can be a grind, there are a number of things that can be done to enhance the efficiency of a fleet.

Here are some things to consider when looking for ways to improve your fleet.

1. Insurance

First, it’s always important to make sure your fleet is running under the right truck insurance coverage. Having coverage such as truck liability policy and physical damage will keep your fleet covered during the time of a claim. Truck insurance is the first step to ensuring your company, employees, finances, and daily operations are protected moving forward. Not having insurance will open you up to major financial and reputational losses that could have devastating consequences.

2. Maintenance Strategy

Fleet managers need to be sure to strategize and create plans to make sure their vehicles are running in excellent condition. Larger truck fleets carry their own in-house service centers for maintenance to be conducted on a regular basis on their premises. If your fleet is a smaller business, it is more practical to hire out a company to keep your trucks serviced. No matter who’s taking care of your trucks, it’s important to get them taken care of on a regular schedule to keep efficiency up.

3. Manage Your Drivers Effectively

Fleet managers need to be able to communicate with their drivers effectively. Communication in the trucking industry is crucial for any fleet. Truck drivers need to be able to reach out to their managers easily and the flow of information needs to remain open and efficient. One way this is being done is by installing electronic logging devices (ELD’s) that monitor driver behavior; tracking if a driver is frequently speeding or breaking excessively.

Through ELD’s and regular communication with drivers, fleet managers can keep everything running smoothly.

4. Evaluate Your Assets

Fleet managers and vehicle technicians should be aware of the status of their assets. Beyond knowing your vehicle’s conditions and current service parts inventory levels, it’s also crucial to completely have a grasp on how every vehicle is used as well as how its components work. For this, it’s important to evaluate your fleet’s assets on a regular periodic basis, which can help you make adjustments to current business demands.

About Western Truck Insurance Services

Western Truck Insurance Servicesis a commercial truck insurance agency with roots dating back to 1954. We have evolved into a highly respected, professionally managed, truck and transportation insurance brokerage. The hallmark of our organization is our desire to provide unparalleled service. We go way beyond what you expect to receive from an insurance brokerage. Equipped with state of the art automation, Western Truck Insurance can provide you with lightning fast truck insurance quotes, customer service, Insurance certificates, and coverage changes.

Fleets: How They’re Growing, and What Operators Are Concerned About

Bob Holtzman

According to statistics from Government Fleet, smaller trucking fleets are taking over the roads, beating out bigger operations when it comes to picking up business. However, with growth among smaller fleets, a mix of issues such as training needs and replacement budgeting are causing a stir. Also, in the industry as a whole, a growing driver shortage tied with a surge in e-commerce is creating a major disparity in being able to serve customers on time.

As fleets grow and business picks up, stakeholders in the industry are scrambling to find ways to be effective and stay ahead of the curve. Here are some major issues operators are concerned about:

Driver Shortage

As mentioned above, the truck driver shortage is starting to be un-ignorable. According to the American Trucking Association, the industry is short on truck drivers by an estimated 63,000 positions. And even with a pay increase of more than 15 percent in the median salary range over the past six years, the demand for getting new drivers behind the wheel hasn’t been met.

To make matters worse, companies can expect to see that shortage increase, especially with an aging workforce. The average age of a driver hovers around 50 years old, and younger drivers aren’t applying as frequently as they used to.

Deteriorating Infrastructure

In 2016, one of the major campaign topics among both major parties had to do with infrastructure spending. It is clear that the country needs to put more effort into rebuilding our roads, bridges, and highways.

Safe and reliable infrastructure is important to the industry and crucial for trucking companies to be able to operate efficiently and safely. Efforts have been discussed to pump more funds into the industry, but there has yet to be any major legislation passed.

Safety

Speaking of safety concerns, truck drivers are witnessing a sharp rise in not only accidents on the road but fatalities. In 2017, more than 37,000 people died in auto crashes, a decrease by two percent from the prior year. However, commercial trucking made up 4,761 of those deaths, marking a nine-percent increase and hitting its largest level in 29 years.

Now, major distractions on the road are starting to influence these numbers as truck drivers and commuters are becoming more and more distracted by phone use. This puts a whole new layer of importance on the need for commercial truck insurance to protect companies and their drivers from claims related to accidents and death. While not everything can be prevented, it can be protected by maintaining comprehensive commercial truck insurance coverage.

Trucking Regulations

The laws and regulations affecting the industry are constantly under review and being revised. What’s more, different states see their own regulations change, like in California, where the recently passed AB-5 bill is upending what it means to be an independent contractor.

Electronic logging requirements are also starting to shape the industry as the electronic logging devices that are being mandated have been installed to help create a safer work environment for drivers. These devices help to accurately track, manage, and share the records of duty status of drivers.

Next, drivers are starting to see drug and alcohol sobriety tests be more intensely enforced. Updates to drug and alcohol testing, while beneficial for everyone on the road, including everyday commuters, can be costly, taking up space in an operation’s budget. Trucking fleets are having to find ways to keep budgets slim or even find room by cutting services.

One service that is being weighed by operations, but is still a necessity, is commercial truck insurance. Truck liability insurance should be kept as part of an operation’s budget outline and different commercial truck insurance brokers, like Western Truck Insurance, are able to provide personalized and form-fitting commercial truck insurance to fit a company’s needs.

About Western Truck Insurance Services

Western Truck Insurance Servicesis a commercial truck insurance agency with roots dating back to 1954. We have evolved into a highly respected, professionally managed, truck and transportation insurance brokerage. The hallmark of our organization is our desire to provide unparalleled service. We go way beyond what you expect to receive from an insurance brokerage. Equipped with state of the art automation, Western Truck Insurance can provide you with lightning fast truck insurance quotes, customer service, Insurance certificates, and coverage changes.

AB-5 Signed Into Law: What That Means for Truck Drivers

Bob Holtzman

This past September, California Governor Gavin Newsom signed into law new legislation focused on making things a little more difficult for independent owner-operators, such as truck drivers and gig economy workers, possibly even putting them out of business.

The AB-5 legislation originally passed the California State Assembly back in May and was passed by the state Senate on September 10. What it does is move last year’s Dynamex California Supreme Court decision into law, which established an ABC test to determine the status of an independent contractor that could essentially eliminate the owner-operator model in California, and disrupting everything from investing in commercial truck insurance, such as general liability insurance, and the sharing economy.

Taking effect starting January 1, 2020, those in the trucking industry could find themselves in the crosshairs. So, what does this all mean for trucking professionals?

Trucking Companies and Professionals in AB-5

While there is little proof that trucking professionals and companies have abused the independent contractor model in the state, AB-5 is still in place to essentially paint with a broad brush in banning the use of independent contractors rather than deal with individual abuses.

The state’s trucking industry has been trying to work with legislators to find exceptions for legitimate independent contractors who follow the rules. Many workers are exempted from this ruling, like doctors, dentists, and engineers, but not trucking or gig economy workers, like those working for Lyft or Uber.

The new bill does not necessarily distinguish between a driver who’s an independent contractor under a truck lease-program and someone who owns their own truck. Those opposed to the ruling argue that this essentially destroys the independent contractor model for trucking.

In California, there are more than small 136,000 trucking companies that are locally owned with small fleets and independent drivers who take care of their operations. This means that motor carriers and owner-operators are left in the lurch trying to figure out a strategy for what they can do now.

California is currently experiencing a truck driver shortage, much like the rest of the nation, but maybe even more so, since the state is highly dependent on the flow of goods coming from Mexico or Arizona. The new measure may aggravate the issue at hand by removing thousands of drivers from the road because of de-classifying them.

Currently, there are lawsuits that have been filed to fight the issue and look for ways to exempt these companies and their drivers from the classification. Additionally, companies like Uber, Lyft, and DoorDash, all dependent upon independent contractors, have invested in a collective of $90 million to bring this issue to the ballot during the next voting season.

About Western Truck Insurance Services

Western Truck Insurance Services is a commercial truck insurance agency with roots dating back to 1954. We have evolved into a highly respected, professionally managed, truck and transportation insurance brokerage. The hallmark of our organization is our desire to provide unparalleled service. We go way beyond what you expect to receive from an insurance brokerage. Equipped with state of the art automation, Western Truck Insurance can provide you with lightning fast truck insurance quotes, customer service, Insurance certificates, and coverage changes.

Intentional Pairing: An Operations Change That Could Lead to Lowered Trucking Costs

Bob Holtzman

Trucking companies have been operating with drop-and-hook operations for some time hoping to maximize efficiency. But while many trucking companies stick with this method, there’s little focus when it comes to matching tractors. In a new report from the North American Council for Freight Efficiency (NACFE), it’s pointed out that a change in operations to allow for more intentional pairing as it’s known could lower overall trucking costs and have more room for needful assets such as hiring and truck insurance.

But while it’s projected to help with efficiency and cut costs, some leaders in the industry argue against pairing, saying that while it’s a good idea, it’s not really feasible. Even with a net improvement of five to 10 percent, as stated by the NACFE, the case to change things up may not be compelling enough.

Studying The Road

In the study, titled “The Feasibility of Intentional Pairing,” the NACFE portrays pairing as a dream for engineers, allowing for the design of an integrated tractor-trailer combination to be operated in a cost-cutting way. The report, which spans 86 pages, outlines everything needed to change for a complete overhaul of how things get done on the road through pairing. Through a survey of 50 fleets, including big names in the industry like Werner, UPS, and PepsiCo, NACFE found that the majority of fleets operate in drop-and-hook with the focus on keeping the trailer in motion as much as possible.

The benefits of pairing would be on a sliding scale according to the NACFE’s findings. Fleet annual net MPGs would improve and intentionally pairing by model type would provide the best opportunity for gains on the road.

The ability to pull this kind of move off is still questionable as many variables are involved and would require a whole new way to go about moving freight around. From time to pricing to asset location, it’s not a one-size-fits-all solution to an issue.

According to the NACFE, a growing number of GPS tracking systems and more data does present a new opportunity for a more efficient asset optimization in certain applications of freight, such as shipping beverages around. These commodities already operate in a certain manner as fleets pair weight-reduced tractors with weight-reduced trailers to maximize payload.

Altogether, NACFE, concluded that intentional pairing, while a great idea, and something to look forward to in the future, is not a full-fledged reality at this point. But the new technology does offer up opportunities through asset tracking and asset management. With data available around these entities, including driver information, tractor characteristics, asset status, locads, weather, and routes, better operational decisions can be made.

By combining this with the vehicle data, it could allow fleets to match trucks to certain shipping situations. Lightweight tractors could be paired up with lightweight trailers in order to maximize payload potential, even if it’s resulted in a shorter lifespan for those assets. Tractors with down-sped transmissions could be used for routes where technology can best be of benefit.

About Western Truck Insurance Services

Western Truck Insurance Services is a commercial truck insurance agency with roots dating back to 1954. We have evolved into a highly respected, professionally managed, truck and transportation insurance brokerage. The hallmark of our organization is our desire to provide unparalleled service. We go way beyond what you expect to receive from an insurance brokerage. Equipped with state of the art automation, Western Truck Insurance can provide you with lightning fast truck insurance quotes, customer service, Insurance certificates, and coverage changes.

Trucking Through the Mountains? Make Sure to Practice Safe Driving

Bob Holtzman

Anyone getting behind the wheel of a big rig, no matter if they’re a seasoned trucking veteran or a newbie on the road, needs to be on their guard when driving through mountain ranges of any kind. From slick roads to low visibility to other dangers like falling rocks, there are plenty of risks waiting around every twisting turn for truck drivers.

Slick roads, weather, terrible road conditions, and distracted driving can all lead to major problems, including accidents and fatalities on the road. It’s important for truck drivers and the companies they work for to take heed of important tips that can help everyone and everything stay safe through a mountain range.

Keep an Eye on the Weather

Before a trip into and through the mountains, it’s important to know the weather along your intended route. There are so many weather apps available today to stay informed and help prepare for a trip. Weather conditions can change dramatically, and unexpectedly, with altitude, If tire chains are allowed, or required, make sure to have the correct number and size of chains.

Drive Slow and Steady

Truck drivers should be extra cautious when driving up or down hills, and especially when the road becomes windy. Pay attention to grade signs as they are meant to provide the right information needed to operate the truck safely. A general rule of thumb is to travel down the grade in one gear lower than you traveled up the other side. When on the ascent, choose a gear where you can pull the grade without having to downshift and maintain a steady mid-range RPM.

Be Prepared

Truck drivers should look into the status of their brake system. Having a properly maintained brake system, including the engine brake, and tires are critical maintenance components to travel through the mountains safely and effectively. Most roadways will have brake check areas for drivers to pull off to the side and adjust the brakes, if need be, before heading down a descent.

Runaway Lanes

Speaking of pulling off to the side, truck drivers should take advantage of runaway lanes on the sides of routes. If you are losing control or have lost control of the vehicle on a descent, make sure to use these lanes. They are available for the safety of the driver, the truck, and everyone around on the road.

Keep from Tailgating

No one likes to drive with someone directly behind them, right on their bumper. But when it’s a large truck carrying plenty of heavy cargo, this is even more important to note. Truck drivers should be sure to not tailgate and stay back with a significant amount of distance between them and the car ahead.

Staying Safe with Insurance

Truck drivers should be sure to invest in effective commercial truck insurance which can provide the right level of protection following incidents on the road. Trucking companies should make sure to look over their current level of commercial truck insurance and adjust accordingly to keep trucks, cargo, drivers, and others on the road protected.

About Western Truck Insurance Services

Western Truck Insurance Services is a commercial truck insurance agency with roots dating back to 1954. We have evolved into a highly respected, professionally managed, truck and transportation insurance brokerage. The hallmark of our organization is our desire to provide unparalleled service. We go way beyond what you expect to receive from an insurance brokerage. Equipped with state of the art automation, Western Truck Insurance can provide you with lightning fast truck insurance quotes, customer service, Insurance certificates, and coverage changes.

Compliance Requirements for California Vehicles

Bob Holtzman

In recent years, California has seen a number of regulations change or be created in order to cut down on emissions, greenhouse gases, and traffic while boosting alternative fuels, for example. One industry affected by new rules and regulations is the freight industry, or trucking, which plays a huge role in the state’s economy.

Last year, California saw record-setting levels of freight-hauling demand and driver pay as trucking levels reached a 20-year high. From produce to animals to tech commodities, California sees high numbers of trucking freight hit the roads. But State regulations of trucking and bus operations are finding numerous ways to hit the trucking industry.

Here is a better look at how compliance requirements in California are affecting the freight and transportation industries.

Vehicles Affected by Regulations

The Truck and Bus regulation affects individuals, private companies, and Federal agencies that own and operate diesel vehicles that weigh in at more than 14,000 pounds. But it also extends out to publicly and privately owned school buses, even though their compliance requirements differ. Local and state government vehicles aren’t affected by the regulations because they are already subject to other regulations.

Heavier Trucks and Buses

Heavier trucks and buses on the road that weigh more than 26,000 pounds must comply with a set schedule by engine model year or owners can report to show compliance with more options. Engines made any time after 1996 should have an OEM or retrofit PM filter installed as vehicles made prior to 1996 should have already been replaced by January 1, 2015. The goal from the state is to have all trucks and buses driving with 2010 model engines by January 1, 2023.

PM Filters

Some trucking companies and individual owners have sought more information on PM filter installations. These are the filters that reduce particulate matter and cut down on smog and pollution. Owners who did not install PM filters before January 1, 2014, and do not use flexibility options are required to replace existing trucks according to their model year schedule.

Getting hit with fines can be costly and sideline a trucking company’s business altogether; especially smaller companies that can’t afford to have their trucks sit while they work on getting compliant, which is also a costly endeavor. While not all claims can be held off, there are options to keep fines low and representation costs minimized. Through comprehensive truck insurance, trucking companies can limit their exposures and make sure the increased values of their equipment are properly protected.

What About Lighter Trucks?

Lighter trucks and buses that fit right in the middle of that 14,000-26,000-pound window already had engine replacement requirements set on January 1, 2015. Lighter vehicles with engines that are more than 20 years old need to be replaced with newer trucks or engines, and beginning January 1 of next year, all remaining vehicles who have yet to take this step need to have 2010 engines or newer.

About Western Truck Insurance Services

Western Truck Insurance Services is a commercial truck insurance agency with roots dating back to 1954. We have evolved into a highly respected, professionally managed, truck and transportation insurance brokerage. The hallmark of our organization is our desire to provide unparalleled service. We go way beyond what you expect to receive from an insurance brokerage. Equipped with state of the art automation, Western Truck Insurance can provide you with lightning fast truck insurance quotes, customer service, Insurance certificates, and coverage changes.

In 2019, Independent Truck Drivers Are Earning More Than Company Drivers

Bob Holtzman

Striking out on your own and working in the gig economy may seem like a risky endeavor for people working in tech or the arts. But one area where being self-employed is actually coming out ahead is in the trucking business. Self-employed truck drivers, also known as owner-operators, earn more per hour and work longer, or have more business opportunities, than company drivers.

According to the Bureau of Labor Statistics, in a May 2018 report, the average truck driver salary hovers around $43,680 a year. The average salary for owner-operators, which make up about 11 percent of the trucking industry, comes in about 5 percent higher. Plus, in the spirit of making their own schedule, these drivers can take on more work as they please.

Let’s take a better look at what’s impacting this trend.

Trending Up

Among workers across all jobs in the industry, self-employment has been heading lower on a steady basis, even with increasing numbers during economic downturns when workers who are laid off turn to self-employment. Considering other factors such as age, education, sex, and family status, self-employed truck drivers earn about five percent more per hour compared to company drivers, bringing their average salary up to about $45,500 annually.

But factoring in more availability to take on more work and you have more earning potential and a more attractive opportunity for drivers to go out on their own. The income and hours advantage among the self-employed does not necessarily hold up in other industries that employ large numbers of employees with the same kind of demographic profile. Think mining, food service, construction.

Not Guaranteed

This advantage for self-employed drivers may not be a uniform opportunity for all in the industry. While it may be attractive to work for yourself, make your own schedule, and earn more money, getting additional jobs and a steady stream of work may not be a guarantee.

The best owner-operators have the potential to earn more money per hour, but some actually end up taking a loss compared to company drivers. The top group of owner-operators earns 52 percent more per hour than their company driver counterparts, which comes out to about $19,000 more. But the bottom level of drivers actually earns as little as 30 percent less than regular drivers.

What’s more, you have to be willing to work longer hours if you want to be self-employed on the road. On average, owner-operators put in an extra hour a week behind the wheel. It may not seem like much, but it’s the pace that drivers have to keep up with in order to earn more that may grind away at them after a while.

Also, there are risks built in when it comes to working as an owner-operator. Self-employed drivers are more exposed to variables in the trucking industry that could affect their opportunities and wages, plus they have to pay their own commercial truck insurance and take care of their own maintenance fees. If a mechanical issue arises, commercial truck insurance won’t be able to protect an owner-operator. But even with these risks, there are owner-operators willing to go it alone and boost their own opportunities. Being a self-employed driver can be a lucrative endeavor that also provides an enviable level of autonomy that others want.

About Western Truck Insurance Services

Western Truck Insurance Services is a commercial truck insurance agency with roots dating back to 1954. We have evolved into a highly respected, professionally managed, truck and transportation insurance brokerage. The hallmark of our organization is our desire to provide unparalleled service. We go way beyond what you expect to receive from an insurance brokerage. Equipped with state of the art automation, Western Truck Insurance can provide you with lightning fast truck insurance quotes, customer service, Insurance certificates, and coverage changes.

In the Trucking Insurance Market, High Liability Rates Are Increasingly Common

Bob Holtzman

Liability coverage makes up a big part of an independent insurance cost. This pays out injuries and property damage after a wreck. When it comes to over-the-road drivers or long-haul truck drivers, the Federal Motor Carrier Safety Administration (FMCSA) requires that a $750,000 minimum limit be met for the primary auto liability coverage. However, most shippers and brokers in the industry won’t set up a business relationship with trucking companies that carry anything less than $1 in truck insurance liability.

Rising Costs

Liability coverage costs have gone up year over year and don’t seem to be slowing down. Premiums for a $1 million liability policy can now range between $6,000 and $16,000 depending on the carrier and influencing factors. These high liability rates are becoming more and more common in the trucking industry, making it hard for trucking companies to factor in their budget.

So, what caused this boost in pricing?

According to our President, Bob Holtzman, it can be taken back to the 2008 recession.

Holtzman recently told Overdriveonline.com that the “marketplace was competing for what business was still there, and rates got really low.”

As the economy made a rebound, insurers were slow to react and started seeing losses take their hold well in excess of premiums. In the last few years, truck insurers increased their rates and today’s rates are much higher than the low rates seen around 2011. These rates are expected to hover around those numbers mentioned above for the next few years.

The economy has picked up in recent years, during the end of the Obama administration and into the Trump years, resulting in plenty of jobs and higher wages becoming the norm. Also, there have been more motorists on the road, as well as, more freight, especially with the influence of e-commerce freight.

These factors and others, such as the type of freight, age of equipment, typical length of haul, and states that see freight driving through, all play a role in greater claims frequency which corresponds to increasing liability rates.

In the past few years, as independent contractors have seen an increase in contracts, applications for new operating authority has increased as well. With this in mind, obtaining liability coverage has become a major challenge for those new ventures looking to make a step forward. But since the market has tightened, many truck insurance companies have instituted stricter requirements when it comes to operating experience.

About Western Truck Insurance Services

Western Truck Insurance Services is a commercial truck insurance agency with roots dating back to 1954. We have evolved into a highly respected, professionally managed, truck and transportation insurance brokerage. The hallmark of our organization is our desire to provide unparalleled service. We go way beyond what you expect to receive from an insurance brokerage. Equipped with state of the art automation, Western Truck Insurance can provide you with lightning fast truck insurance quotes, customer service, Insurance certificates, and coverage changes.

AB 5 Passes California State Senate Hearing – What Does this Mean?

Bob Holtzman

In California, the trucking industry is in the middle of a legislative upheaval over certain exemptions and tests for truck drivers on the state’s highways. Legislation that could disrupt the owner-operator trucking model in California is headed to Governor Gavin Newsom’s desk to be signed.

Assembly Bill 5 (AB5) passed the state senate’s Standing Committee on Labor, Public Employment and Retirement by a 4 to 1 vote, opening to door to codify the ABC test for employee status prescribed in the 2018 Dynamex decision.

Supporting the legislation would help to seek to protect workers from employers that attempt to classify them as independent contractors instead of employees. It could also affect the price of ride-sharing apps like Uber and Lyft, which will likely create higher prices for consumers.

What the Bill Is

Under the bill, many workers who are currently under the label of independent contractor would be considered employees. This would make them subject to the state labor laws in California. What’s more, employers would have to pay payroll taxes, provide benefits, overtime, minimum wage, workers’ compensation and, in many cases, also provide the commercial truck insurance.

Opposing the Bill

The bill in its current form would hurt the owner-operators who want to stay independent. The test, which designates employee status in the legislation, provides no leeway for independent truck drivers who work with other trucking companies; including truck brokers. Trucking associations, such as the Western States Trucking Association (WSTA) have come out against the bill. They warn that the liabilities that come from it would hit employers as a result of reclassification and would ultimately lead to many, if not most, refusing to work with owner-operators.

What Happens Now?

Now, the future of the legislation is still a bit hazy. AB5 needs to be taken up by the state Senate’s Appropriations Committee, which won’t happen until later this month after the legislature’s recess is up. From there, the bill would go to the Senate floor for a major vote. If successful there, it then passes on to the Assembly chamber for a concurrence vote.

In the end, if it hurdles over those steps, the bill would then head to Gov. Newsom for signing, although Newsom does have the power to veto. Another hitch is that the bill needs to be passed by September 13 when it would die if not written into law.

Make sure to check back for future updates on this legislation.

About Western Truck Insurance Services

Western Truck Insurance Servicesis a commercial truck insurance agency with roots dating back to 1954. We have evolved into a highly respected, professionally managed, truck and transportation insurance brokerage. The hallmark of our organization is our desire to provide unparalleled service. We go way beyond what you expect to receive from an insurance brokerage. Equipped with state of the art automation, Western Truck Insurance can provide you with lightning fast truck insurance quotes, customer service, Insurance certificates, and coverage changes.