CA's 'Extinction Attack' on Independent Truckers, AB5, Refused by State Supreme Court
Right after July 4, in another staggering blow to America's truckers, California outlawed independent carriers as the state supreme court refused to hear the case. But why would CA, boasting America's great shipping container ports, torpedo our transport during the country's worst ever supply chain breakdown? Could it be that liberal Democrat leadership cannot help itself to sabotage any aspect of capitalism it sees as vulnerable? Global Warming, anyone? May the Spirit of '76 finally carry the day!
According to the California Trucker's association: “The contributions of California’s 70,000 independent truckers have been vital to keeping the United States afloat during this supply chain crisis,” CTA CEO Shawn Yadon said. Their petition in CTA v. Bonta was just denied by SCOCA. CTA said on July 1, '22:
“In addition to the direct impact on California’s 70,000 owner-operators who have seven days to cease long-standing independent businesses, the impact of taking tens of thousands of truck drivers off the road will have devastating repercussions on an already fragile supply chain, increasing costs and worsening runaway inflation.”
AB5 is Assembly Bill No. 5 (“AB5”). From the 2019 case codifying the CA Dynamex decision, we find 3 rules to be applied to such truckers:
...that certain workers should be presumed employees instead of independent contractors when evaluating wage and hour classification in class action cases. The ruling required companies to use newly adopted ABC test to determine who is an independent contractor, which must certify:
A That the worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact;
B That the worker performs work that is outside the usual course of the hiring entity’s business; and
C That the worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed.
“Most legal analysis of the ruling agrees the ABC test sets an impossible standard for most of our members to meet,” the Western States Trucking Association said, especially “B” provision.
Zip Recruiters claims average income of CA independent truckers is $227,000. Multiplied by 70,000, CA is canceling $15,890,000,000, or approximately $16 BILLION of income for their state. Who else could possibly afford such profligacy? And castrate our supply chain further? Did Biden's numbskull minions direct Gov Gavin Pantywaist Newsom to choke out independent truckers?
Please call congressmen and senators to demand a national override of this forced CA stupidity, which has become a hallmark of their ultra liberal, one party system. No wonder Forbes states, “from 2000 to 2020, California experienced a net loss of 2.6 million people to other U.S. states.” CA recently lost billions from relocating corps SF Stanford's Hoover Institute published: “Why Company Headquarters Are Leaving California in Unprecedented Numbers.” Fight stupidity, fellow Americans!
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