OOIDA opposes bill that threatens independent truckers’ control

The Owner-Operator Independent Drivers Association told lawmakers that the Modern Worker Empowerment Act would threaten independent truckers’ control over their businesses.

In an email sent to members of the House Education and Workforce Committee, OOIDA voiced its opposition to HR1319, saying the legislation could force owner-operator truckers to use such controversial “safety” technology as speed limiters and driver-facing cameras. The committee is expected to discuss the bill at a markup hearing on Wednesday, July 23.

“We urge you to oppose HR1319 when the Education and Workforce Committee considers it during markup this Wednesday,” OOIDA wrote. “This legislation jeopardizes independent truckers’ control over their work, would allow corporate motor carriers to micromanage their operations and rolls back significant progress that small-business truckers have made with the Department of Transportation and President Trump.”

The bill would amend the Fair Labor Standards Act of 1938 to clarify the standard for determining whether a worker is an employee or an independent contractor.

Although the Modern Worker Empowerment Act would give independent contractor status to workers with “control” over their business, a provision in the bill creates a potential loophole for motor carriers.

The provision says that requirements related to “safety standards” would not be considered as control.

OOIDA is concerned that this provision will lead motor carriers to require leased-on owner-operators to use various “safety” technologies.

“While this legislation attempts to make it easier for individuals to be an independent contractor, it goes too far by saying anything a hiring entity requires for ‘safety’ can’t be considered as controlling their workers,” OOIDA wrote. “For our members, this means carriers will give them a long list of ‘safety’ measures, such as speed limiters, inward-facing cameras, blinker-use monitoring, mandatory monthly remedial training and others that they must comply with.”

The Association noted that the U.S. Department of Transportation recently announced that it was going to rescind a rulemaking aimed at mandating speed limiters. Additionally, OOIDA said that many large carriers use speed limiters and other “safety” tech to limit their liability – not because it is safer.

“HR1319 would create a backdoor loophole to force speed limiters on independent truckers anyway – as long as a megacarrier, and not the independent contractor, says it is good for safety,” OOIDA wrote. “In other words, truckers will be denied the ability to determine what is safest for their allegedly independent business.”

With that said, OOIDA is not against efforts to maintain the leased owner-operator model. OOIDA has been the leader in the fight against California’s controversial AB5 law.

“To be clear, we think there are improvements that can be made to worker classification to ensure that the independent contractor model remains viable,” OOIDA wrote. “But this legislation goes too far and for independent truckers would result in far too many drivers that are ‘independent’ in name only. We urge you to vote NO on this legislation …” LL