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integral part of the alleged employer’s business.”
As an industry, we are still studying the rule to determine its potential impact. But in any case, the efforts to limit the opportunities for truck drivers to own their own business have been relentless. While this particular rule may not go as far as California’s rule, something tells me that this is not the last step for the DOL. Beginning in California and now at the Federal level, the attacks on our industry are baffling. As you look back at the history of trucking, this is an industry that is critical to the economy of this country. This is an industry that has been a wonderful place for individuals to take some risk, work hard and reap the rewards of that work by owning and operating their own business. Some of the biggest companies on the road today started with a single truck and an owner with a vision.
With the escalating influence of environmental regulations, inflationary equipment costs, rising fuel costs, astronomical insurance costs, threats of nuclear verdicts, trailer pool requirements, load tracking technology and other challenges, independent contractors have been struggling to thrive on their own. That is why many of these individuals have found mutually beneficial affiliations with a fleet to be so helpful. They still own their own truck, pay for their own fuel, select their own loads, carry significant risk, and earn meaningfully more than an employee for taking on those risks. This model has provided thousands of drivers their own version of the American Dream for close to five decades.
One would think that this significant shift in policy that may have a substantial impact on the nation’s supply chain would have come from Congress through legislation. Sadly, this is not the case. It came through a regulatory agency who just decided that it was time for a change. This is not what America is all about. Rather than constricting access to the American Dream, we need to be enabling it. More opportunity, not less. Now is the time to join us by reaching out to your elected representatives and letting them know that this does not work for our industry.
If you have any questions on the recent DOL rule or how to communicate with your local representatives, I encourage you to reach out to TCA Senior Vice President of Safety and Government Affairs, Dave Heller, who can be reached at
dheller@truckload.org.
By Dave Williams, Senior Vice President of Equipment and Government Relations at Knight-Swift Transportation and the 2023- 2024 chairman of the Truckload Carriers Association (TCA).
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