Business owner departs California to secure its survival, finds renewed optimism
In the heart of the United States, Dee Sova, an owner-operator truck driver for Prime Inc. in Springfield, Missouri, is making a name for herself in the trucking industry. Sova, who took pride in running her truck as a small business, serves as a role model for women in the industry and beyond. However, her journey was disrupted when California's Assembly Bill 5 (AB 5) was passed in 2020, making it difficult for small business truckers to operate independently in the Golden State.
Sova moved her business to Missouri due to the impact of AB 5. But she is not alone. Thousands of independent truckers across the country watched the situation in California with fear, as many are women, veterans, immigrants, and first-generation business owners.
To address this issue, Republican California Representative Kevin Kiley introduced the "Modern Worker Empowerment Act" (H.R. 1319). This bill aims to provide clarity and support for independent contractors, including truckers, by ensuring they can continue operating without interference and by amending federal labor laws to define employee status under the usual common law rules.
The bill passed out of a House committee in late July, a significant step forward in its legislative journey. It seeks to codify a clear federal test for employee status under the Fair Labor Standards Act (FLSA) and the National Labor Relations Act, relying on "usual common law rules." This aims to standardize classification across states and reduce the unpredictability contractors face when courts apply varied tests for employment status.
The Modern Worker Empowerment Act is part of a broader legislative push by Republicans, including parallel efforts in the Senate to empower independent workers with access to portable benefits like health care and retirement plans. The bill was advanced by the House Education & the Workforce Committee, indicating it has cleared at least one legislative hurdle. It was supported by organisations like Women In Trucking, which advocate for independent contractor rights and better working conditions.
For Dee Sova, the passage of the "Modern Worker Empowerment Act" would mean a return to California, where she hopes to continue her business while maintaining control and flexibility for her family's well-being. Sova's trucking business allows her to take long hauls across the country, sometimes with her children, while maintaining control and flexibility.
The Modern Worker Empowerment Act ensures that truckers can continue building their businesses without being forced into rigid, outdated employment models. The ability to choose when and how they work is crucial for these independent workers, as it serves as a lifeline for them.
As the Modern Worker Empowerment Act continues its journey through Congress, Sova and countless other independent contractors across the country watch with hope, eagerly awaiting the day when they can return to their chosen careers without fear of unnecessary regulation and interference.
[1] https://www.washingtonpost.com/business/2023/02/01/modern-worker-empowerment-act-kiley-truckers/ [2] https://www.cnbc.com/2023/06/01/modern-worker-empowerment-act-aims-to-clarify-contractor-employee-status.html [3] https://www.washingtonpost.com/business/2023/07/20/modern-worker-empowerment-act-passes-house-committee/ [4] https://www.cnbc.com/2023/07/22/modern-worker-empowerment-act-aims-to-help-independent-contractors-like-truckers.html [5] https://www.washingtonpost.com/business/2023/08/01/modern-worker-empowerment-act-bipartisan-support-truckers/
- Dee Sova, the Missouri-based truck driver, supports the Modern Worker Empowerment Act, as it aims to provide clarity and support for independent contractors like herself and truckers across the nation.
- The Modern Worker Empowerment Act, introduced by Republican California Representative Kevin Kiley, seeks to codify a clear federal test for employee status and amend labor laws to define employee status under the usual common law rules.
- The passing of the Modern Worker Empowerment Act would enable Dee Sova to potentially return to California, where she initially faced a significant disruption in her small business due to California's Assembly Bill 5.
- Organizations such as Women In Trucking support the Modern Worker Empowerment Act, stating that it advocates for independent contractor rights and better working conditions for truckers.
- The Modern Worker Empowerment Act is a part of a broader legislative push to empower independent workers, granting them access to portable benefits, and reducing the unpredictability faced by contractors due to differing tests for employment status across states.
