Trucking news and briefs for Friday, Nov. 4, 2022:
A bipartisan bill introduced in the U.S. House on July 20, titled the "Worker Flexibility and Choice Act," would establish a new work arrangement that combines the flexibility of independent work with certain workplace protections and opportunity for additional benefits.
The bill was introduced by Reps. Henry Cuellar (D-Texas), Elise Stefanik (R-New York) and Michelle Steele (R-California).
“The classification of workers as employees or independent contractors is determined by various tests depending on the specific statute or federal agency and is further complicated by a patchwork of state and local standards,” Cuellar and Stefanik said in a supporting document. “Recent policies across the country have placed overly broad restrictions on independent work that further diminish the ability of workers to choose the type of work that best fits their needs.”
The bill comes amid new trucking application of California's AB 5 law and its ABC test for contractor classification that are problematic for traditional lease arrangements between motor carriers and owner-operators complying with the long-federally-recognized Truth in Leasing regulations.
According to a press release from Cuellar when the bill was introduced, the relationship between an independent contractor and an employee would be clearly defined through a “worker flexibility agreement,” which would be voluntarily agreed to before work begins.
The press release said the bill would:
