The Truth of AB5
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- Опубликовано: 9 мар 2020
- By now, you have probably heard the various headlines concerning California’s AB5. However, most of the articles today are exaggerations and overstatements by those who have a monetary or political bias. So let’s look behind the headlines and evaluate the facts in order to see what AB5 really is.
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Been trucking for 21 years and I stopped going to California in 2017 and now i am making more money and i don’t have to put up with that Californian stupid BS, let’s all stop going to California
AB5 is a law that was written to help CA's rich politicians. Furthermore, AB5 only hurts working-class contractors.
Can sugar coat it all you want. Its just putting more stress on o/o. Forcing drivers to take a pat cut and more money in big Corp pockets
Yup that's all it is
They are so concerned about "protecting" the worker. Whether an Uber driver or trucker, give the individual an "opt-out" option. See what happens
Not sure why the narrator even bothers trying to pretend that it is about concern for drivers. It is clear as day this is about nothing more than a money grab by CA. This is what all states do on their way to communism....just before they build the wall around East Berlin to keep their captive labor from escaping.
Another words you will make less and pay more taxes so welfare recipients get more to waste on frivolous items. Don't want to be an employee. Like owning my own truck and not being an employee. It sounds good to take our freedoms away from us and be a ward of the state and get less for the work we do. What good are benefits like workman's comp and unemployment insurance if you never use them. I have never collected any of those and other things they mentioned because if you are a driver they tell you you can't get them just find another job trucking because they are always hiring drivers. This went on in Jersey years ago and the fallout is it costs more money to do business because everyone in these new agencies has to get their cut and the driver should work for less. If these lawmakers would just work instead of thinking up ways to extort more money from the workers we'd all live more efficiently. This law is no good for the American people.
Now your jinxed! The things you say you’ve never used and don’t want to pay fir, are now going to happen to you and your family…then the benefits you want to end for others is going to happen, and you won’t have them available to you when you need them the most!! Good luck!
A lot of truckers bought on to the idea they could run their own businesses by joining these truck lease owner/operator schemes. A HUGE number of so-called lease operators went belly under because they were essentially company employees with the added expense of fuel and insurance. Not everything is a "deep state" government conspiracy. In the LONG RUN this protects truckers, isolates the wannabe business owners from the real ones, AND adds to the state coffers. It's a win-win situation for both the government and truckers.
As a truck driver who gets paid by the mile you don't get paid overtime
Thats what they wanted to be like company workers so they made them like that then they cried because they did not let them say there owner op
@@shsuususjssnjsus8239 Even a lot of trucking companies that pay by the hour do not pay overtime To their company drivers.
Every trucker call in sick until AB5 is abolished permanently. Guarantee it will take less than 3 days if we all get sick together. I will park it right now.
I wish we were united. We are the most powerful force in the Labor force.
If truckers don't deliver to California, then the state will collapse in less than a week. Let California collapse. They need you more than you need them.
You're crazy the consumer controls it all supply and demand.everyone suffering .I say if anyone does that. Zero loads forever.
Like truck manufacturers I don't see why companies bow to 1 State. What should happen is all of these companies pull out their resources. Don't allow any of their trucks In CA and have border docks or drop yards. Just like manufacturers should say "you don't like our trucks and engines we build, build your own" and no longer sell trucks in the State.
Governants problem, let them find the solution, and let them now is not too easy play around with truck drivers.
The only reason the unions back that is because they want there hand in your pocket to
Seems to be a very well prepared overview of this issue. Thanks for putting in the hard work.
Everyone whos a truck driver should go on strike
So, Owner Ops now need to illuminate the middle man !
Question; This video states "California is losing $7 billion a year in lost payroll tax revenues."
If self employed/Independent Contractors pay Self Employment tax which covers SS and Medicare and technically not Payroll Tax, how can Ca be losing $7 billion?
Don't those SE tax dollars go into the SS and Medicare Trust Funds where the state cannot touch them? Any one?
CA is not losing tax revenue that way. It is losing tax revenue from Owner operators and independent truck drivers who pay less taxes by declaring less revenue or making up expenses on their returns. It is very hard for the IRS or any state to track taxes owed when its not on a payroll system. I've seen it, I work in the industry. So what the state wants to do is force them all to be employees and that way they can't escape paying their fair share of taxes. That's what this is all about and that's why the Supreme court is happy to reject the case against AB-5! Very few sources/videos mention this. You're welcome
That is a lie… Gonzales told a FLAT out lie … it was 7 billion over 10 years across the country!!
So if the state thinks it will get another $7 billion in lost tax revenue; however, it will lose $15 Billion in state revenue from truckers who leave...how is that a win for the state? Politicians math never adds up. Does anyone even think about how much in taxes a driver pays when he buys a new truck? Or maintains the vehicle? or how about the CA gas per gallon used? Don't tell me the state is losing money for under reported income, if there is a 1099 involved it is easy enough to track. I have 7 employee's, they get their 1099 and I send my statements into the tax franchise boards....easy to check my 1099's files versus the employee's income claims on their taxes. I doubt it is 63%, it is more like 3 to 5%, those are the individuals willing to try and get away with it, and will find they eventually get caught and the state will hit them with penalties and late charges etc. Hell the state lost my income tax return and I had to mail my tax return to the 6 times over the last 6 years, they finally got it, even though I had it signed received every time I mailed it to them. My penalties and fines were $4k by time it was all done with over a $546 dollar tax bill which I paid on time to the state, but because they lost it, they tack on penalties and late fee's, etc. Failure to provide return on time was $386, which I then showed them my 6 signed received statements from the post office that they had indeed gotten the return. After they enact penalties and fines on you, there is no reversing them is what I am finding out. So the state plain up robbed me of $4k for a $546 dollar tax payment that I had sent in on time for 2019 taxes....even after proving they were wrong, I still got stuck with the bill. SO the state isn't losing money, they are robbing people blind all day long.
"Politicians math never adds up". Perfectly stated and really a bigger statement than even applies here. I'm going to remember that.
They exempted law firms how funny are these laws made by lawyers and they exempt themselves then hook small hard working individuals
Some Nursing agencies also use nurses as independent contractors. They are able to keep costs low & are chosen companies used by the State for Medicare/ medwaiver cases. We didn't get OT, Holiday pay or any other benefit plus had the added burden setting aside tax money out of our (money in hand) paycheck to pay quarterly plus the tax rate was higher .
An independent nurse/therapist I know was forced to leave California over two years ago, She still works as an independent contractor in Tulsa Ok for three medical centers. and is doing better financially than working in California, The laughable part is she could work as an IC in California as long as she is an out of state resident
As a owner Op or sub hauler I should pay myself as a company driver. While driving in ca because I m an employee and boss.so when I m in another state I m an owner op....but I Don t feel bad for those bad owner ops that Don t pay their drivers I hope they fail
This sounds like a hack
Question...If a carrier gets a broker authority will they be able to contract owner operators without authority being that a brokers main job would be brokering loads?
Truck driving is a shady business
I don't understand why the AB5 law in the State of California hasn't been challenged by the U.S. Constitution, Article I, Section 10, which states: "No State shall... pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts...." Provided that the U.S. Constitution is the Supreme Law of the Land, this AB5 law in the State of California can be strucked down with the legal challenge of the U.S. Const., Art. I, cl. 10. In other words, no state has the right to interfere with the "[o]bligation of contract" between individuals. Food for thoughts! 😂🤣😂
Democrats.. enough said
Republicans controls the Supreme Court and didn't take up this matter....
The collision repair industry in California subcontracts it's workers so they say. We as collision repair techs ar on commission only. They give us a crashed car, we repair it and get paid per hour at a labor rate. In California if we sit there in the shop all week long and not given any work to do we do not get any minimum wage we get Nothing. Corporatism has taken over all the ma and pa shops. As you know corporations have CEOs, those CEOs are on a salary and they scrape all the money off the top right away from the workers. In the early years we used to get paid 50% commission, now it's just barely 20 to 25%. And of course we pay all our taxes and social security you name it. Thank God I'm retired from the industry it totally sucks I would never advise anybody to get into the industry. Especially the cars now do not have skills as previous decades because they're all bolt together plastic, All by design of the manufacturers to make their money on parts. However you will see more cars being totaled by the insurance companies and sent to the junk yards because all the airbags blow off and it's too expensive to replace, and it was the insurance companies that wanted safer cars in the 2st place, a double edged sword for the owners of these cars at Great expense because you know the insurance companies will never pay off correctly because they're a big damn greedy corporation.
Ok Im confused, is the law saying there can be no more independent contractors or is it establishing better test standards to confirm a persons employment status?
No. Modern tyrants don't work that way anymore. They don't simply ban something outright. Instead they create massive barriers either legally, financially, or both, to achieve the same result.
EXAMPLE: There is nothing in Cuba that makes it illegal for Cubans to leave Cuba. All Cubans may leave Cuba at anytime they want......with an up-to-date passport. Guess how difficult it is to get a passport in Cuba?
Difficult enough that building a raft out of a 1951 Chevy Truck and trying to sail to Florida is a much more attractive option for untold numbers of Cubans.
See how it works?
Notice how we are being subjected to the same policymaking here?
I will be a pirate truck driver
The bottom line it is some do not file taxes at all
I've respected OOIDA since Rollye James spoke for you.
They don't understand the resolve of the American trucker. Now you look here were gonna tell you.
If you have all that resolve, grit, stick to-iveness, and extremely strong bootstraps get your own authority and truely become a independent O/O.
@@heatherroseisrflyer An Independent O/O does not have to have their own authority (except now in CA they will). When you get your own authority, you are no longer an O/O. You are now a trucking company.
I originally had four paragraphs explaining the following summary. It comes from my years as both a truck driver and a tax office manager.
If one goes by the IRS guidelines, lease operators have been misclassified for years. IRS enforcement on this has been non-existent due to greater levels of fraud from taxpayers falsely claiming kids that aren't theirs and businesses that never existed. Companies that run these lease operator scams benefit from the lax IRS enforcement by offloading both their accident liability and their equipment depreciation upon unwitting drivers.
DEMORATS put those DEDUCTIONS in for their OWN $$$ MORE TAX PAID SELF BENIFITS!! As an EX Trucker, over Half Million, we all TAX PAY $$ OUR FARE SHARE!!! Do THEY ???????????????????????????????????????????
Great news for OOIDA. They can sell and increase the prices for their products they offer.
if you are lease to a company you do not have full authority, because you do as you are told. an owmer operator with his own authority picks and choose the load , the route
Butt it's more expensiver
I'm leased on with GHORLEYTRUCKING. I choose when i go home.an stay. Choose my loads off every load board he provides at no charge except dat. He covers cargo ins.an more.BUT!!!!!! You have to have a CLEAN record!!!
As a lease operator I have full control of my truck. Company gets me a load to NYC, guess what I don't go to NYC. That means I don't take the load. I'm an owner operator, not a lease operator. I own my truck.
Is not as simple as you put it,an o/o getting his own authority cant just access the port,he still have to deal with the equipment providers of chassis and containers,uiia certification and high insurance rates.
Can the Owner Operator move his address to another state and still work in California.
9:30 “…it’s a mess…” That’s what I was thinking too. But, then, I am psychic.
Owner operators need to shut down the ports.
Create a supply chain disaster that will cause every state in the US to put pressure on California to abolish AB5
Does AB5 only for trucking or does it apply to any body in business ??? Please reply!!!
No surprise that the Unions support it. Just move out of CA. I live in Nevada. We don't even have state taxes here. How are drivers that are leased onto companies, under reporting their income? My company send me and the IRS my 1099 earnings report. All companies that use 1099 employees are required to do this. So if they are under reporting the money on their 1099's. Why aren't they getting caught because of the differences in what the companies send the IRS and what a driver would report on his tax papers. Drivers that live in states with income taxes. have the income reports sent to their states as well. Just a CA scam.
I'm so glad to be living in NORTH CAROLINA
No AB5 there, Right to work state?
Since AB5 became law, I was out of work for two years, denied unemployment and PUI, Forced onto social security years earlier at a big loss for life, and am now working through a broker at twice the rate I use to charge and can only get 16 hours a week! AB5 has been a ongoing disaster for hundreds of thousands, Not just Independent Truckers
Could independent truckers form COOPs?
Should be called the prime/dart rule
Especially Prime
Are lumpers independent contractors
AB5 stops the practice of BIG CARRIERS passing all of the expense of running their trucks on to LEASE OPERATORS who rarely, if ever, get to own their trucks anyways. Owner/Operator LEASE programs BANKRUPTED a good portion of the truckers who bought in, and as a result, the State of California lost BILLIONS in revenue. In the SHORT TERM a lot of lease operators will get screwed, and the BIG CARRIERS will lose a revenue stream. BUT, in the LONG run, it stops the unscrupulous actions of big carriers (i.e. misclassifying lease operators as true owner/operators) and PROTECTS truckers.
whew - a hot mess
It only affects leased on o/o. It also kills off predatory leases
I was an owner operator, and AB5 contributed to my going out of business.
Now you got your way now you are a company man
what dose the independent Owner operators have to pay for that company drivers dont
Just about everything. The Owner Operator owns his own truck (or trucks) The pay their truck payment, fuel, repairs, tires, health insurance and their salary. They're independent. Some truck drivers are better off being an Independent Owner Operator and some truck drivers are better off being an employee. This should simply be an agreement between the Trucking Company and (The Owner Operator or Employee Driver)
So they still have to pay into the corrupt system of the IRS this whole thing is stupid!!!!
That's why this law was written lol. Some folks are rejoicing saying it's gonna kill off predatory leases. All they care about is the tax revenue not folks leasing lol.
This going to end bad for California
If people wanted to be employees they would be. The bill is an infringement on pursuit of happiness.
Illegals cost California $114 Billion last year
Bottom line ca is broke, im leased on to a company, own my own truck, pay my own insurance, do my own fuel taxes, its just easier for me i dont have to waste time looking for freight. Dont get paid by the mile either, go where i want, fuel where i want and i dont have to wait for a broker to decide to send the check. Ive had my own authority this is no different, except i do use there random drug test instead of having to set it up individually. I cant compare the lease truck from company and drive for them deal. Ive heard some are good, alot bad. But im guessing if the company is good its a way to get your foot in the door. This is no more than another socialist way to control us.
Why be over the road… I might as well be home and enjoying my life with My family
They want their money
Excellent!!💞
Just another example of the Unions cutting out their competition
True getting rid of the bottom feeders.
IN BUSINESS ITS ALWAYS ABOUT THE MONEY. California prefers giant corporations over the small business. Of course. Money Money " " " " " "
Question so OOIDA is for the O/O and you hep with law enforcement and present laws can I ask why haven’t OOIDA don’t nothing about it
Ooida. What a joke of a organization. They don't represent owner operators at all.
I don't buy your tax statement in your recording. California is losing money from there workman's comp insurance that's the biggest gripe. They've been doing this for years trying to classify owner operators as employees.
Why is it that lawyers ie paralegals and medical professionals are exempt from AB5.
Oh yeah I forgot lawyers wrote it
Big mess from a mess governants. We the people not you the governants. Its whats our constitution reads.
Democrats keeping voting for them
Just leave and never look back...
California is dead.
Zero chance of resurrection.
Sorry to say that I found OOIDA is a total useless organization 😕
Stop hauling to California.
You will own nothing and be happy
Good for you democrats. Way to kill the economy in California. No more truckers. As a carrier, I will no longer hire California residents to run my loads. All out of state guys now, and longer picking up or delivering to CA. How you like them apples?
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Also ab5 might be to stop all those o/o that get a 1099 but dont have a health insurance and when needed they run to medical and rake up the hospital bills that go to the state and then to those who do pay for a health insurance.....
Hospital bills don't go to the state for paying. State isn't LEGALLY obligated to pay someones medical bill. Ex. You rack up 300k in a surgery bill. Commiefornia isnt responsible to pay it, you are. Back when I had a medical bill I paid $5.00 a week torwards that bill. Then tax refund time paid it off. No state was required to make a payment on my behalf. Its a personal debt not a state liability.
Easy. Move your business out of state.
99c got rid of truckers and went with jb hunt
There mostly BlACK AFRICAN AMERICAN drivers in the Transportation industry these days. keep the money from the blacks you keep power out of there hand. this is not a only a money grab but Racially Motivated.
What are you talking about
This is truth
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That’s the dumbest shit I’ve heard you got all kinda race of people driving I see more white company and 0/0 then anything one else every day so that shit you talking you can eat