Congressman Jeff Denham represents the 10th District of California in the U.S. House of Representatives. His district includes all of Stanislaus County and part of San Joaquin County. He was first elected to Congress in 2010, and is currently serving a third term in the 114th Congress.
Rep. Denham’s public service career began with the U.S. Air Force, where he served for 16 years between active duty and reserve status. He fought in Operation Desert Storm and Operation Restore Hope in Iraq and Somalia, respectively. Read more
Trucking Provision in FAA Reauthorization Bill Stirring Controversy
I’ve been writing a lot about efforts to restate federal pre-emption language over state laws affecting trucking especially California’s meal and rest break requirements and state law related to payment methods of truck drivers. The stakes are high as the Association has many members who have faced opportunistic lawsuits from employee drivers as a direct result of the U.S. DOT supplying a politically motivated and decisive legal brief in a Ninth Circuit legal case. Read more
BIT Reform Bill 529 Requires Public Display of Carrier Inspection Results
At the end of last year California Highway Patrol (CHP) quietly rolled-out a new Carrier Inspection Results search feature for motor carriers (and the general public). As part of the BIT reform, the CHP was required to provide the public with the outcome of terminal inspections performed in the State of California. This site provides searching parameters to find the carrier that may potentially own or uses a terminal within California. Carriers can be located outside of California, but, terminals must reside within California.
While the link is on the CHP’s website, it is a four step search to actually find it:
Step #1 – CHP Home page is: https://www.chp.ca.gov/
Step #2 – Click on “Programs & Services” in the Home header; https://www.chp.ca.gov/programs-services
Step #3 – Under “Programs” there are 13 logos/images, the 7th one is “Commercial Vehicle Section”
Step #4 – To the right of the page under “Programs & Services”, Commercial Vehicle Section, click on “Carrier Inspection Results”
Of course you can go directly to the last link and use the search parameters provided to research the carrier for which you wish to view inspection results. When results of the search are returned, you may click on the Carrier (CA)/Motor Carrier Permit (MCP) number link and you will be redirected to that carrier’s inspection results.
Federal Highway Bill Re-Cap
After about 10 years the country finally has a new highway bill that has received much hullabaloo from the political hoi polloi as a grand example of bipartisan cooperation. When compared to the previous highway bill which was loaded with many requirements that U.S. DOT initiate new rulemakings on the trucking industry, this highway bill mostly demands a bunch of studies. We have a more detailed article on page 35 about provisions that did pass.
As usual, there was some eleventh hour drama and intrigue that escaped the attention of many in the trucking industry, we discovered that there were a few industry associations that were maneuvering behind the scenes to support or oppose two key provisions that ultimately failed to make it into the final bill. Read more
Owner-operators are not employees and state should get its act together
“It is strongly suggested, for clarity and uniformity in the interstate independent owner-operator trucking industry, that the department adopt guidelines with respect to this industry, particularly in light of multiple recent federal decisions impacting these matters. Absent that, the Board should consider issuing a precedent decision to clarify its position in this matter”
– CUIAB ALJ Jeffrey Holl.
With that final admonition, California’s Employment Development Department (EDD) was handed a rare defeat at an administrative hearing involving its attempt to reclassify as employees the owner-operators of a Northern Kentucky based motor carrier. Read more
Gov. Brown’s Legislative Defeat on Portions of SB 350 Proves the Answer is – YES.
It’s been nine years since I last climbed out of the cab of a truck after spending 29 years behind the wheel. During my driving career I had always been a member of either a trade union or association, understanding it was not possible to represent my interests politically while running a business at the same time.
After getting home from a west-coast run and complaining about “something” (I can’t even remember what it was), my wife informed me she was tired of hearing me gripe about problems and ultimately doing little or nothing to actually resolve them. She said she’d nominated me to the Board of Directors of a trade association and the rest is “history” as they say. Read more
-State of California, Employment Development Department
Okay, how many of you have been fed-up with being treated as something less than human simply because you have driven a truck? Probably everyone who is reading this column. It is why many truckers often quip amongst themselves, “hey, I’m just a dumb truck driver – remember?” Usually, there is a more colorful expletive used. The response is really a form of an “insiders joke” among truckers expressing our collective disdain for the lack of respect shown by others who hold an honorable profession in contempt yet who themselves couldn’t navigate a 40-ton tractor-trailer through narrow city streets without destroying anything or anyone in their path. Read more
Driver Gets $180,000 in Back Wages and Expenses
A Los Angeles Superior Court judge ruled in late June in favor of a fired truck driver, Ho Woo Lee, whose employer violated the Labor Code with illegal payroll deductions according to the state Labor Commissioner’s office.
The court affirmed a state Labor Commissioner decision that LACA Express Inc. owes driver Ho Woo Lee $179,390 in back wages and expenses unlawfully deducted from his paycheck because he was alleged to be an independent contractor instead of an employee.
In his December 2012 claim filed with the Los Angeles Labor Commissioner’s office, Lee said LACA Express unlawfully deducted $83,292 from his paycheck in violation of Labor Code section 221. This section of the Labor Code says that there are only three legal deductions from paychecks: Read more
Threat bigger than CARB rules? Probably so.
Inasmuch as most can agree that unnecessary CARB regulations have and will force many owner-operators and small-business truckers from the marketplace, CARB’s rules still allow anyone who meets their requirements to remain in business. However, a new offensive on independent contractor (IC’s) status by California’s Employment Development Department (EDD) has the potential to deny carriers and brokers the ability to utilize the services of the single-truck owner-operator – whether operating under a lease agreement with an overlaying carrier or under a sub-haul agreement where the owner-operator has their own operating authority (e.g. motor carrier permit). Read more
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- WSTA’s New Dental & Vision Insurance Programs with GuardianDecember 18, 2018 - 1:42 pm
- WSTA Comments on Port of Oakland draft seaport planNovember 26, 2018 - 10:45 am
- WSTA Petition to CHP to expand allowable short-haul exemptionNovember 26, 2018 - 10:44 am
- WSTA Comments on ATA petition to preempt CA meal and rest breaksNovember 26, 2018 - 10:42 am
- WSTA Comments on repealing California’s waiver to enforce GHG standards on cars and trucksNovember 26, 2018 - 10:39 am