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With Permission from Miles L Kavaller, Atty California port drayage motor carriers in particular, the trucking industry, as well as businesses located in California using California workers, have been dramatically impacted by AB5, commonly known as the “ABC” test defining employee.¹ By and large a worker is an employee if that person provides services to a business and is engaged in the same business and is not otherwise eligible for the business-to-business exemption or is a Lyft or Uber driver.² This legislation following the California Supreme Court’s ruling in the Dynamex case, was intended to prohibit misclassification of workers as independent contractors. The Legislative findings supporting this legislation described a port drayage industry as guilty of “wage theft” particularly affecting low wage immigrants.

New York City has officially started its controversial congestion pricing plan , which trucking interests have vowed to keep fighting.  As of January 5 in New York City, heavy-duty trucks must pay $21.60 each time they enter Manhattan south of 60th Street between 5 a.m. and 9 p.m. on weekdays and between 9 a.m. and 9 p.m. on weekends.