Existing law regulates the operation of ports and harbors. Existing law requires a person providing labor or services for remuneration to be considered an employee rather than an independent contractor unless the hiring entity demonstrates that certain conditions are satisfied, including that the person is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact.
This bill would require a trucking company and a truck driver who is not classified as an employee by a trucking company to provide to a port, before a truck driver enters the port, certain information related to the truck driver's legal classification as either an employee or an independent contractor, including a sworn affirmation by a trucking company that the trucking company is withholding all required taxes from the wages of any truck driver who is considered an employee under state law. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program. The bill would punish a person who provides false or misleading information for the purpose of representing compliance with the bill with a certain civil penalty, as prescribed.
This bill would require a port to disclose, in a prominent place on its internet website, information provided by a trucking company that uses the port, including, but not limited to, whether the trucking company uses employees, independent contractors, or both. The bill would prohibit a port from granting entry to a trucking company if the trucking company has not provided to the port the information that is required to be disclosed on the port's internet website. The bill would impose a penalty of $60,000 on a port for each trucking company that is granted entry to the port in violation of that prohibition.
This bill would require a port, on or before the 15th of each month, to provide to the Labor Commissioner specified information regarding each truck that entered the port during the prior month. The bill would require a port, upon request of the Labor Commissioner, to provide additional information regarding a truck that entered the port.
By imposing new duties on ports, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.