Bill > SB809

This bill establishes the Construction Trucking Employer Amnesty Program, which allows eligible construction contractors to resolve past misclassification of drivers as independent contractors by entering into a settlement agreement with the Labor Commissioner before January 1, 2029. Under this program, contractors can reclassify their construction drivers as employees and pay back wages and taxes without facing full civil or statutory penalties. The bill clarifies that merely owning a vehicle does not automatically make someone an independent contractor and requires employers to reimburse employees for vehicle use, upkeep, and depreciation when the vehicle is used for work purposes. Specifically for construction trucking, commercial motor vehicle drivers who own their trucks will be entitled to reimbursement negotiated either directly with their employer or through a labor union, with the reimbursement rate set at no less than the Internal Revenue Service's standard mileage rate. The bill builds upon existing labor classification laws, including the "ABC" test from the Dynamex court case, and aims to provide a pathway for construction trucking businesses to correct worker classification while protecting drivers' rights to fair compensation for vehicle-related expenses.

Budget and Finance, Justice, Labor and Employment

https://leginfo.legislature.ca.gov/faces/billStatusClient.xhtml?bill_id=202520260SB809