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 reclassifying them as employees under specific conditions. The program, to be administered by the Labor Commissioner and Employment Development Department, provides a pathway for contractors to settle potential penalties by executing a settlement agreement before January 1, 2029, which requires them to properly classify drivers, pay owed wages and taxes, and maintain workers' compensation coverage. The bill clarifies that merely owning a vehicle does not automatically make someone an independent contractor and ensures that commercial motor vehicle drivers who own their trucks are entitled to reimbursement for vehicle use, upkeep, and depreciation when working as employees. The reimbursement amount can be negotiated between the driver and employer or through a labor union, and must meet at least the Internal Revenue Service's standard mileage reimbursement rate. Additionally, if a construction driver declines the terms of a settlement agreement, the contractor must still reclassify them as an employee, though the driver would be precluded from pursuing certain penalty claims for the period covered by the potential settlement.

Budget and Finance, Justice, Labor and Employment

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