• Advertise
  • Contact Us
  • About Us
  • Supplier Directory
  • SCB YouTube
  • Login
  • Subscribe
  • Logout
  • My Profile
  • LOGISTICS
    • Air Cargo
    • All Logistics
    • Express/Small Shipments
    • Facility Location Planning
    • Freight Forwarding/Customs Brokerage
    • Global Gateways
    • Global Logistics
    • Last Mile Delivery
    • Logistics Outsourcing
    • LTL/Truckload Services
    • Ocean Transportation
    • Rail & Intermodal
    • Reverse Logistics
    • Service Parts Management
    • Transportation & Distribution
  • TECHNOLOGY
    • All Technology
    • Artificial Intelligence
    • Cloud & On-Demand Systems
    • Data Management (Big Data/IoT/Blockchain)
    • ERP & Enterprise Systems
    • Forecasting & Demand Planning
    • Global Trade Management
    • Inventory Planning/ Optimization
    • Product Lifecycle Management
    • Sales & Operations Planning
    • SC Finance & Revenue Management
    • SC Planning & Optimization
    • Sourcing/Procurement/SRM
    • Supply Chain Visibility
    • Transportation Management
  • GENERAL SCM
    • Business Strategy Alignment
    • Education & Professional Development
    • Global Supply Chain Management
    • Global Trade & Economics
    • HR & Labor Management
    • Quality & Metrics
    • Regulation & Compliance
    • SC Security & Risk Mgmt
    • Supply Chains in Crisis
    • Sustainability & Corporate Social Responsibility
  • WAREHOUSING
    • All Warehouse Services
    • Conveyors & Sortation
    • Lift Trucks & AGVs
    • Order Fulfillment
    • Packaging
    • RFID, Barcode, Mobility & Voice
    • Robotics
    • Warehouse Management Systems
  • INDUSTRIES
    • Aerospace & Defense
    • Apparel
    • Automotive
    • Chemicals & Energy
    • Consumer Packaged Goods
    • E-Commerce/Omni-Channel
    • Food & Beverage
    • Healthcare
    • High-Tech/Electronics
    • Industrial Manufacturing
    • Pharmaceutical/Biotech
    • Retail
  • THINK TANK
  • WEBINARS
    • On-Demand Webinars
    • Upcoming Webinars
    • Webinar Library
  • PODCASTS
  • VIDEOS
  • WHITEPAPERS
Home » California Truck Ruling Exposes Weakness of Gig Economy Law

California Truck Ruling Exposes Weakness of Gig Economy Law

Delivery Truck

Trucks drive on a highway at dusk. Photo: Shutterstock.

January 10, 2020
Stephen Carter, Bloomberg Opinion

California’s effort to reshape the gig economy hit a significant roadblock this week when a federal court issued a temporary injunction prohibiting the application of the state’s new rules to truck drivers, citing a conflict with federal law. The roadblock is by no means fatal, but it’s not insignificant — not when there are so many lawsuits left to be decided.

As you may recall, last year California passed Assembly Bill 5, which went into effect on Jan. 1, 2020. The new law, widely known as AB-5, creates a strict test for determining whether an individual who provides services to a company is an independent contractor or an employee. The law treats ride-hailing drivers, computer coders, freelance writers and other gig workers as if they are all being exploited by the businesses that pay them.

Once classified as an employee under AB-5, the individual is entitled to the full protections of the Golden State’s byzantine employment laws. The classification, moreover, is mandatory. An individual who provides a service for money — say, writing a column — cannot opt out if he or she prefers independence.

Critics have been predicting disaster in the California gig economy, but it’s far too early to judge. On the other hand, we can state with confidence that the new law is going to prove a litigation magnet. Uber and Postmates are among those who have sued to stop enforcement of AB-5, claiming among other things that it’s unconstitutional. Lawsuits have been filed by freelance journalists. And more are likely on the way.

At the same time, companies are bracing for an expected flood of claims by California residents seeking to be reclassified as employees rather than contractors. Many businesses are taking preemptive action. Even Vox Media, which supported AB-5, has told some 200 contributors to its California sports blogs that they will lose their regular writing gigs. 

All of which brings us to the New Year’s Eve decision by a federal district court in California Trucking Association v. Becerra. The trucking industry is the subject of multiple interlocking federal regulatory regimes, and California should have known better than to claim control over it. Under the U.S. Constitution, whenever state and federal law clash, federal law wins.

The problem, the court explained, is that “AB-5 effectively mandates that motor carriers treat owner-operators as employees,” rather than the independent contractors that they are under relevant federal statutes. To allow enforcement, the court concluded, would constitute irreparable harm.  And although the injunction is only preliminary — that is, issued in advance of hearing all the evidence — it’s hard to imagine that the state will prevail in the unlikely event that the case ever comes to trial.

The other lawsuits are tougher to evaluate. For example, a principal claim made by Uber and Postmates is that AB-5’s many exemptions make the law “irrational” and thus a violation of equal protection. And the list of exclusions is indeed a crazy quilt: commercial fishermen and beauticians, real estate agents and doctors, accountants and barbers — just about every profession that has a lobby has an exemption. 

And then there are lawyers. Big law firms for years have hired freelance attorneys as independent contractors to work on litigation matters without becoming employees. One might think that AB-5 would require the freelancers to be reclassified. But one would be wrong, because the same lawyers who will argue over which entities the law should cover naturally took care to secure exemption for themselves.

In a nice bit of irony, even auto repossession agencies are excluded. Thus we can imagine the scene: If one of those formerly independent Uber drivers or truckers should miss a couple of payments, the guy who comes to tow the vehicle away remains not an employee but a contractor. Why?  Because the company that sends him has lobbying clout that the trucking companies lack.

A fantastic mess to be sure — but I’m skeptical that a mess even this fantastic raises serious constitutional questions. As a formal matter, the Supreme Court has said many times that a statute must have a rational basis. But that’s usually been part of the argument for upholding a law. The claim that a law is unconstitutional because of its irrationality is one that courts rarely find persuasive.

Still, a statute can be perfectly constitutional and nevertheless remain a dreadful idea. AB-5 falls within that category. According to the bill’s principal sponsor, the goal is to protect the “more than a million Californians” who “have been misclassified by employers looking to cut costs at the expense of workers.” But it’s hard to know which workers are misclassified unless we know for sure what workers want. There will always be some potential hires who will prefer the flexibility that comes with being independent contractors. Even if some gig workers are subjected to exploitation, it's an awfully blunt solution to take away from everyone else the freedom to choose.

    RELATED CONTENT

    RELATED VIDEOS

    Stephen Carter, Bloomberg Opinion

    More from this author

    Subscribe to our Daily Newsletter!

    Timely, incisive articles delivered directly to your inbox.

    Popular Stories

    • A YELLOW CORP TRAILER IS BEING TRANSPORTED BY A FREIGHT TRAIN.

      Yellow Considering Offer to Revive Company, Rehire Thousands

      Global Logistics
    • WORKERS IN HI-VIS VESTS DISCUSS A SHEET OF PLANS IN THE MIDST OF CONSTRUCTION IN A WAREHOUSE SPACE.

      Lessons From the First Wave of Warehouse Automation

      Technology
    • TWO CARGO SHIPS DOCKED AT THE MIRAFLORES LOCKS IN THE PANAMA CANAL.

      Panama Canal Water Levels Will Affect Western Trade in 2024

      Global Gateways
    • A PERSON WITH A GREEN MARKER COLORS IN THE SMOKE BILLOWING OUT OF THE TOP OF A SMOKESTACK.

      Three Ways Technology Can Stop Greenwashing in its Tracks

      Global Trade Management
    • A SMALL SHOPPING CART WITH TWO BOXES SITS ON TOP OF AN OPEN LAPTOP THAT IS OPEN TO A SHOPPING WEBSITE.

      Podcast | Can Smaller E-tailers Match Amazon’s Same-Day Service?

      Last Mile Delivery

    Digital Edition

    Scb nov 2023 lg

    2023 Supply Chain Innovation Award

    VIEW THE LATEST ISSUE

    Case Studies

    • A GRAPHIC SHOWING MULTIPLE FORMS OF SHIPPING, WITH A HUMAN STANDING AT THE CENTER, TOUCHING A SYMBOLIC MAP OF THE WORLD

      Enhancing High-Value Electronics Shipment Security with Tive's Real-Time Tracking

    • A GRAPHIC OF INTERLACING HONEYCOMBED ELEMENTS REPRESENTING GLOBAL BUSINESS TRANSACTIONS

      Moving Robots Site-to-Site

    • JLL Finds Perfect Warehouse Location, Leading to $15M Grant for Startup

    • Robots Speed Fulfillment to Help Apparel Company Scale for Growth

    • New Revenue for Cloud-Based TMS that Embeds Orderful’s Modern EDI Platform

    Visit Our Sponsors

    Antuit Zebra Anvyl AutoStore
    BEUMER Group Blue Ridge Global Brightdrop
    Brother CHEP Cleo
    Coenterprise Comarch Data Capture
    E2open Enveyo Eva Air
    ForwardX Robotics Frayt GAINSystems
    Generix Geodis GEP
    Global Supply Chain Marketing Summit GreyOrange Here
    HICX Holman Logistics Infor
    Inmar Kinaxis Lexis Nexis
    Locus Robotics Logility LogistiVIEW
    Lucas Systems MCA Connect MCA Connect
    Moody’s Analytics MPO Old Dominion
    OneRail Overhaul PartnerLinQ (Visionet)
    Port of Virginia Rockwell Automation Ryder E-commerce by Whiplash
    Saddle Creek Logistics SAP Servicon
    Shyft Sourcemap SPS Commerce
    Tecsys TGW Systems Thomson Reuters
    Veho Verusen Walmart
    Workshop
    • More From SCB
      • Featured Content
      • Video Library
      • Think Tank Blog
      • SupplyChainBrain Podcast
      • Whitepapers
      • On-Demand Webinars
      • Upcoming Webinars
    • Digital Offerings
      • Digital Issue
      • Subscribe
      • Manage Your Subscription
      • Newsletters
    • Resources
      • Events Calendar
      • SCB's Great Supply Chain Partners
      • Supplier Directory
      • Case Study Showcase
      • Supply Chain Innovation Awards
      • 100 Great Partners Form
    • SCB Corporate
      • Advertise on SCB.COM
      • About Us
      • Privacy Policy
      • Contact Us
      • Data Sharing Opt-Out

    All content copyright ©2023 Keller International Publishing Corp All rights reserved. No reproduction, transmission or display is permitted without the written permissions of Keller International Publishing Corp

    Design, CMS, Hosting & Web Development :: ePublishing