Perspective: OOIDA Sides With Su on Independent Contractors

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Few issues are of greater importance to our industry than the rights of independent truckers. More than 350,000 professional drivers across the country choose to work as independent contractors because of the opportunities and flexibility independence provides, enabling them to run their own businesses as they see fit. That freedom has been an enormous source of empowerment, particularly for women, minorities and immigrants pursuing the American dream.
Unfortunately, special interests are fully invested in taking that right away. Labor unions, , see ICs as a threat, and theyâd love nothing more than to force them into collective bargaining agreements to swell their ranks and dues revenue. Trial lawyers are eager to jump on this bandwagon of greed with costly and frivolous litigation that enriches themselves at the expense of hardworking truckers. And ideologically driven politicians use the levers of government to pander to both donor groups.
Enter Julie Su, the acting secretary of labor. As Californiaâs chief labor regulator, Su oversaw implementation of the devastating law known as AB 5, which decimated independent contracting and forced professional drivers into an unimaginable situation: Either pick up and move your life elsewhere, or risk everything youâve worked for being taken away. In her current role, Su has demonstrated the same hostility toward ICs, refusing to listen to their perspectives and showing contempt for their choice in how to earn a living.

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Rather than moderate her positions, Su has doubled down in Washington, pressing the bounds of her authority to tip the scales and remake the nationâs labor laws in Californiaâs image. Itâs the reason her nomination to serve as secretary of labor has languished in the Senate for nearly a year and a half. Nobody in our industry should support the radical agenda Su hatched in California and is trying to export nationwide.
Among those opposing Suâs nomination was the , which wrote to President Joe Biden in 2023 that it âbelieves the time has come to select a new nominee whose record demonstrates not only a commitment to improving working conditions for employee drivers, but also an appreciation for the benefits independent contractor status has provided owner-operators over many decades.â

Itâs astonishing then to hear that OOIDA, which purports to represent the interests of independent truckers, has had a change of heart and is now endorsing Suâs disastrous IC rule â her signature policy as acting secretary. Suâs rule replaced a straightforward two-factor standard with an opaque and deliberately confusing six-factor test, creating a Frankensteinâs monster of a rule specifically designed to fuel frivolous litigation and deny self-employed individuals the freedom of choice to work as ICs. To contend it provides âmore clarity,â as OOIDA does, simply defies common sense.
Going so far as to parrot her dubious claims about the regulation in comments to lawmakers, an OOIDA official gave empty assurance to independent truckers that the rule would have no effect on them if they âare in a compliant lease working for a carrier with a lease agreement.â In other words, if you like your IC plan, you can keep your IC plan. But like another infamous broken promise from Washington, this will certainly not be the case in practice.

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Perhaps OOIDA leadership is unaware that Suâs rule was written as a political favor to union bosses and the plaintiffsâ bar, or perhaps it genuinely believes that Suâs word can be taken at face value. Nonetheless, OOIDAâs switch of allegiance belies the fact that Su has repeatedly validated the trucking industryâs fears. OOIDA might âfeel it wonât change things,â but the plaintiffsâ bar and Suâs union handlers most certainly have different plans.
OOIDA is willing to carry Suâs water, but will not. While it works to defend her crowning achievement, we are taking legal action, working with allies in Congress, and using every tool at our disposal to fight back and protect the right of independent truckers to choose their work arrangements.
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