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well alright guys it appears that a b5 is going to be taking effect very soon and that it is going to be a whole lot more of a bullet to the head than we ever thought it was going to be January the 1st 2020 a B 5 will take effect in California originally it was thought that this bill was not going to affect everybody well we knew it was going to try to affect everybody but we also thought that owner-operators that released two carriers that did not have company drivers might be safe from this act but apparently in a letter sent out recently by Landstar to all of their owner operators that are based out of California they will either have to not to move out of the state or cancel their lease we all seen recently how Prime has done the exact same thing with their lease drivers they have the baby they had to go over to the company side or leave the state and this is going to continue in a very bad way just like carb put so many people out of business in California so Landstar sent this letter out on November the 4th it's leased owner operators can move out of the state and provide the company with proof of a new drivers license get their own authority or deliver a load into California but they can't pick up a load in the state due to the uncertain level of environment created by the new law Landstar will be reaching out to each b co operator who has california-based address on file with Landstar to discuss some options relating to the potential impact of new law individual to decide what they're gonna have to do so now we see how it's going to affect everyone because if Prime did this all the other companies that do lease purchases and such will enact the same requirements across the board on all of their lease operators and now this takes it out of the ballpark of just companies that have company drivers and lease drivers with Landstar getting involved that has no company drivers it really makes it makes me worry that it's going to be across the whole board of independent contracting if if well if you live in California you know if you live outside of California that's fine I don't know how that's going to affect everyone that hauls loads into California and picks up into California that don't that doesn't live there at all that's something else to think about we may end up have to take California off of our I'll saw our map as far as I can see if they enact this any further I mean it's going to go the legislation that's coming to court it's definitely probably gonna go to the nine the Ninth Circuit but then it'll have to get kicked up to the Supreme Court because the Ninth Circuit's just not gonna do anything for anybody a B five is a state law determining whether a worker is an employee or a contractor it stems from the California Supreme Court's decision against Dynomax operations West a package and document delivery company the court found the Dynomax miscalculated its delivery drivers as independent contractors rather than as employees and that all California based companies that use independent contractors must use the ABC test a three prong test to determine whether a worker is an employee trucking companies must prove a worker is free from control and direction of the hire in connection with the performance of the work the worker performs work that is outside the usual course of the hiring entity's business and the worker is customarily engaged in an independent established trade occupation or business of the same nature as the work performed for the hiring entity a b5 is a fact Dean carriers of all sizes including lens star this is an addictive at Landstar at the same conclusion that many other motor carriers not based in California have arrived at recently Schneider National has also called all of their contractors and let them know that this is they have that it's the same thing for them them know that they have to if they are owner operators are being called and being given the option to get their own authority move out of the state or become company drivers the state of California is trying to super impose its will on the federal government but I believe the federal courts may fight this but I don't know I mean I know they will but I don't know who's gonna win


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