Ron Herrera Says AB5's Importance Highlighted During COVID-19 Pandemic
Kara DenizEmail: [email protected] Phone: (202) 624-6911
The following is a statement by Ron Herrera, Teamsters International Vice President and Director of the Port Division, and President, LA County Federation of Labor. This statement concerns AB-5, a law passed by California which makes it harder to miisclassify workers, an already illegal practice in the state. The comment is on amicus briefs filed by the Los Angeles City Attorney, City of Oakland, and California Federation of Labor in CTA v. Becerra.
“I applaud the California Labor Federation, the LA City Attorney, and the City of Oakland for filing amicus briefs to urge the Ninth Circuit Court of Appeals to reverse the district court’s preliminary injunction enjoining the application of AB5’s ABC employee status test to commercial drivers.
“The current crisis we are all facing demonstrates exactly why AB5 is good for California. AB5 clarifies who is protected by our most basic safety nets like unemployment and disability insurance.
“The bottom line is that port truck drivers are employees however you slice it, whether you apply the new ABC Test under AB-5 or the current Borello test.
“Court after court and government agency after agency have repeatedly and uniformly found misclassified drivers to be employees under the Borello test.
“The ABC test, however, streamlines the process of establishing employee status. An expedited determination process has become even more pressing during this current public health and humanitarian crisis where port truck drivers are suffering disproportionally from the impacts of the coronavirus pandemic due to rampant and systemic misclassification in the port trucking industry.
“Unemployment benefits, disability benefits and sick leave benefits - which require an employee status determination - are critical to misclassified drivers whose employers force them to pay unlawful deductions and make truck payments even when they are not working, while denying them employer-provided health and sick leave benefits.”