[Richard230]

           Please clarify that's the Kalifornis Supreme Court? It's a foregone conclusion the case would not be accepted.

That is a good question. The radio news blurb just mentioned the Supreme Court and didn't say which one. At the time I got the impression that it was the U.S. Supreme Court, not the CA one because I think their lawsuit was filed in Federal Court. Of course, it is true that the CA Supremes always seem to back up the state legislature when they pass a nutty law. I just don't know for sure.  Maybe AzCal Retired can dig into the internet to find out for sure. He seems to be really good at that.    If I tried that using Google I would be getting ads for lawyers in my email for the next month.   

[AzCal Retred]

" And when I said "nothing is beyond these lunatics" I was not referring to the truckers. I was referring to the radical Progressive activists who have finally managed to take over everywhere & everything. They are not legislators any more, hundreds of them in the Congress, never mind the States where there are thousands, they are radical political activists who have risen through the "bullhorn ranks" of political "social justice" activist organizations whose job is to create enemies to be demonized. And it's taken a mere 100 years for them to take over the whole shootin' match. The methods used ALWAYS work- sooner or later. "

What radicals? The now Ultra-Right US Supreme Court? The morons savaging the Capitol building last January 06 2021? Margery Taylor Green, Gohmert, etc. tour guiding insurrectionists thru thru the Capitol Building? A sitting President telling Proud Boys to "stand down & stand by? Those Radicals now everywhere in the ascendancy? Folks determined to believe the Big Lie in the face of all evidence to the contrary, who'd rather believe Putin than their own national security agencies and elected Republican leaders? The avalanche of weekly nut-job Qanon school shooters? The folks randomly beating down aged asian folks because the ex-CiC called C19 the "Chyna Virus"?

[AzCal Retred]

@ #15:  " Maybe AzCal Retired can dig into the internet to find out for sure. He seems to be really good at that. "
Thar ye bee...

U.S. Supreme Court Declines Review of AB 5
Thursday, July 7, 2022

https://www.natlawreview.com/article/us-supreme-court-declines-review-ab-5#:~:text=In%20April%202021%2C%20the%209th,Act%20of%201994%20(FAAAA).

In April 2021, the 9th Circuit panel held that the application of California Assembly Bill 5 (AB 5) to motor carriers is not preempted by the Federal Aviation Administration Authorization Act of 1994 (FAAAA). Under AB 5, the test for whether a worker is appropriately classified as an independent contractor became more stringent, creating potential issues for motor carriers that traditionally operated with independent owner-operators.

The 9th Circuit panel found the district court abused its discretion by granting a preliminary injunction. The panel concluded AB 5 is a generally applicable labor law that affects a motor carrier’s relationship with its workforce and does not bind, compel, or otherwise freeze into place the prices, routes, or services of motor carriers.

In August 2021, the California Trucking Association (CTA) filed a petition for writ of certiorari with the U.S. Supreme Court, requesting the high court weigh in on whether the FAAAA preempts the application to motor carriers of a state worker-classification law that effectively precludes motor carriers from using independent owner-operators to provide trucking services.

The Supreme Court denied CTA’s petition. This comes after the Solicitor General for the United States submitted an amicus brief at the request of the Court which stated the petition should be denied. The United States’ brief argued the court of appeals correctly determined that petitioners were unlikely to succeed on their claim that the FAAAA preempts applying the ABC test as codified under California law to owner-operators, and the court’s decision did not conflict with any decision of the Supreme Court.

The Supreme Court’s decision to deny the petition for review means that the 9th Circuit ruling stands, and the preliminary injunction preventing AB 5 from being enforced against motor carriers will be dissolved.

California Assembly Republicans have made a request to Governor Newsom to either delay application of AB 5 or exempt the trucking industry altogether from the ABC test. To date, the Governor has not indicated if he will take any action.

[Richard230]

The trucker's protest at the Oakland Shipping Terminal finally made today's newspaper. Attached is the article. It remains odd that none of the SF Bay Area TV or radio stations have reported on the protest so far. If most of the 70K independent truckers in the U.S. decline to be hired by trucking companies, that is certainly going to drive up already high shipping costs.

[AzCal Retred]

...yuppers...looks like yet another gen-u-whine Antifa/Soros world wide news blackout, fer-sher.

https://www.wsj.com/articles/blockaded-port-of-oakland-braces-for-more-trucker-protests-11658334195

https://www.mercurynews.com/2022/07/19/if-our-trucks-stop-america-stops-oakland-port-at-standstill-over-labor-law-protest/

https://oaklandside.org/2022/07/19/independent-truck-drivers-protest-gig-worker-law-ab5-at-port-of-oakland/

This sounds pretty Trumpy & "cold dead hands-ish":
https://oaklandside.org/2022/07/19/independent-truck-drivers-protest-gig-worker-law-ab5-at-port-of-oakland/
Independent truck drivers protest “gig worker law” AB5 at Port of Oakland
The state labor law aims to give contract workers more benefits and protections, but some drivers say “no thanks.”
Cesar Gutierrez, an independent truck driver who lives in Vallejo, has worked in this industry for over two decades and believes AB5 restricts his rights as a small business owner. “I like the freedom. I want to decide what I want to do and who I drive for,” Gutierrez said. “I prefer to be out of work than them taking the freedom of all owner-operators.”
AB5, widely known as the “gig worker” law, was introduced in 2019 to make large gig-centric corporations, like rideshare companies Uber and Lyft, provide their contractors with more worker protections. The law does this by reclassifying some contractors as employees of companies and applies to independent truck drivers as well. Governor Newsom signed the legislation into law in January of 2020, though a wave of lawsuits impeded its implementation. On June 30, the U.S. Supreme Court decided against hearing a case from the California Trucking Association asking to repeal AB5 altogether. For now, as CalMatters recently reported, “it remains unclear when and how the state will start enforcing AB5.”
Today’s action, in part a reaction to that Supreme Court decision, caused a large backup of truckers—most of whom are employees of trucking companies—from delivering their shipments. The Oaklandside spoke with Victor Brooks, a business agent for San Francisco-based longshore workers union IWLU Local 10, about how Oakland-based longshore workers feel about the blockage. “They have a picket line, we don’t cross it,” Brooks said.
Guillermo, a truck driver who delivers cargo every day to the port, told The Oaklandside that it’s been slower than usual. “So far I’ve been waiting for 30 minutes, but yesterday we waited all day so I guess we’ll have to see,” Guillermo said. When asked whether it’s better to work for a company rather than be an owner-operator, he said that each has its pros and cons. “The good thing is that we get benefits, and I don’t have to worry about paying the cost of my truck.” Comparatively, studies show that truck drivers who do contract work tend to earn low incomes and bare the brunt of compliance expenses to keep their vehicles up to code.
Other organizations representing the interests of workers are pleased that AB5 can now be implemented. Ron Herrera, president of the Los Angeles County Federation of Labor, told Transport Topics this week that “the system is abusive and guilty of wage theft.”
Still, several independent truck drivers who were demonstrating today said they would rather change professions or move out of the state to continue their business rather than abide by AB5.


https://www.youtube.com/watch?v=lDjvPhNs0PY
KPIX CBS SF Bay Area
325K subscribers
Independent truckers staged a protest at the Port of Oakland on Monday, worried about their livelihoods after the U.S. Supreme Court decided not to hear a case involving AB5. John Ramos reports. (7/18/22)

[Richard230]

I missed that Channel 5 report about the trucker protest since I was watching BBC America at the time.

[GlennF]

BBC is relatively unbiased, though if you are coming from a hard right perspective it probably comes across as being very left wing.  I generally use Al Jazeera English, which aside from it's obvious anti-Israel bias (which you need to ignore), is otherwise a fairly rational view of world events.

This whole AB5 thing looks like something with good intentions that is poorly implemented.  The "independent contractor" thing is a loophole used by unscrupulous corporations to bypass minimum wages, maximum work hours and other labor laws designed to protect workers from being ripped off. It is a genuine problem.

However it seems like in this case they are making it too difficult for genuine independent contractors to prove they are actually independent and not a disguised employee. Making them form a company just to prove they are independent and not a fake employee seems a bit extreme.

It is also unlikely to be effective, canny companies will simply pay to setup all their employees with shelf companies so they can continue to pretend they are contractors and avoid workers compensation, avoid deducting income tax etc etc and continue getting them to work 14 hour days for below minimum wages (or in the case of hospitality live on the tips). There is also likely to be an increase in "contractors" being paid in cash under the counter.

[AzCal Retred]

@ #20: "since I was watching BBC America at the time " And time well spent, I might add! 

I like BBC, they're pretty unbiased for news outside the UK. It's a riot how they go out of their way to mispronounce French words too, rather a national pastime. I was watching one night when a presenter pronounced some French word perfectly. The others in the group stopped, stared, finally Katty Kay says "Nice pronunciation, Nigel..."

[Richard230]

Interestingly, after the trucker's protest story was published in the Bay Area newspapers, the local radio and TV stations finally picked up the story (apparently their producers read newspapers  ), sent their reporters down to the Oakland Terminal with a camera crew and started asking the usual loaded questions about how the law will affect the livelihood of the protesters and the families that they are supporting - which makes for good news stories later in the day. The truckers are back at it today and the Terminal remains shut down, so don't expect your Amazon order from China to arrive any time soon. 

[AzCal Retred]

This quote from the previous article says it all. Just like not getting vaccinated, they're following the former CiC's directives and actually working against their own interests. Last time I checked "More money is...more" Anon

https://oaklandside.org/2022/07/19/independent-truck-drivers-protest-gig-worker-law-ab5-at-port-of-oakland/
" Comparatively, studies show that truck drivers who do contract work tend to earn low incomes and bare the brunt of compliance expenses to keep their vehicles up to code. "

[Richard230]

It seems to me that if independent truck owner/operators believe that investing in an expensive tractor/trailer rig and the cost of operating it, then picking up what loads they want and going where and when they wish is what they want to do and can make a living doing it, why should the government prevent them from doing so? If they are not getting the benefits of working for a big trucking company and following their rules and schedule, then why shouldn't they be able to do what they want? Besides if they can compete with trucking companies by offering better service and lower rates, it sounds to me like that is good for them and good for their customers. Why screw them over?  Just to keep the unions that support the members of the state legislature happy? That seems to be the case to me.

[GlennF]

The legislation does not stop them being independent it just requires they prove they are not just employees disguised as independent contractors.

The real issue seems to be the way the legislation has chosen to use as proof.

Setting up a company just to prove you are actually an independent contractor seems a bit of unnecessary overkill, especially if they own their own rig.

[AzCal Retred]

If a company will lose revenue by not hauling a given load, rest assured they will have some of their people there to verify paperwork and compliance.

I am fascinated by the enjoyment & unconcern displayed of seamlessly profiting from peoples ignorance. Having had a small business and enjoyed the benefits of being screwed (legally) out of my money more than once, I realized that to compete with the Corporate universe you'd better have some leverage. Unions provide that. Truckers claiming the "Noble Cowboy standing alone" self image sure sounds and feels good, but is no more real than the silver screen Hollywood cowboys of the 1950's. As you age out you eventually realize you were the guy at the gunfight armed with a knife. "Too soon old, too late smart".
Uber & Lyft were allowed to gut the taxi drivers, professional accredited folks that had actual qualifications. The "Gummin't" legislators did this, and they clearly did it for personal monetary assistance via Uber & Lyft lobbyists. And it worked again, as AB5 was "adjusted" so the big boys didn't have to level the playing field. The Golden Rule in action; "Them what has the gold make the rules". Anyhow, as truckers enter the trucking company/union fold, some of them are bound to figure out that they are better off.

Time-tested rules to allow groups of folks to co-exist are to be found in Leviticus: " All bargains ought to be made by this rule, You shall not oppress one another, nor take advantage of one another's ignorance or necessity"  As true today as it was 4004 B.C., October 23 at 9 am...

[Arschloch]

And how is the union more innocent than the gunmint? ...the noble cowboys will turn into trucker babes as we have them already. The only way to make an income with trucking will be staring in a trucker babes show, and the entire logistics will go down the drain about the same was as the motorcycle industry ever since the orange county choppers made an appearance on TV.

[AzCal Retred]

The purpose of a Union is to allow for collective bargaining as regards wages, working conditions & benefits. Without a union companies generally squeeze the labor force first for profit increase, and sometimes just for fun.

Ask yourself who controls the most money, management or the Union? Who pays for the Corporate lobbyists, the ragtag group that has a hard time scraping together union dues, or the folks most benefiting from sculpting the law via 'gummin't to benefit the usually 60%+"shareholders"?