Industry Issues

SB 1402 List and HTA Policy

Dear HTA Member,

Please see the below release regarding the newly published SB 1402 list by the California Labor Commission. HTA is working on an FAQ to help guide you on how to stay/get off the list. In addition, we are currently working on adopting policy that will recuse any board member that ends up on the list. Once that new language is approved by the board we will make certain that it is sent to members. If you have any questions, please email weston@harbortrucker.com.

Thanks,

Weston LaBar
Chief Executive Officer Harbor Trucking Association
c. 570-242-8421

NEWS RELEASE

Labor Commissioner Posts List of Port Trucking Companies with Unsatisfied Judgments for Labor Violations

Businesses that Hire Companies on the List to Share Liability for Subsequent Violations

News Release No.: 2019-01 Date: January 2, 2018

Oakland – The California Labor Commissioner today posted a list of port trucking companies with unsatisfied final court judgments, tax assessments or tax liens.

Retailers and other businesses that hire companies on the list are jointly and severally liable for future labor and employment law violations committed by these companies.

The listed companies have committed wage theft against their employees and failed to come into compliance or pay wages owed. The trucking companies listed refused to pay truck drivers’ wages, overtime or expenses, failed to maintain workers’ compensation insurance, or intentionally misclassified employees as independent contractors to increase profit margins.

“Companies are on notice that if they contract with a known wage thief, they will be held responsible for the exploitation of the drivers who carry their goods,” said California Labor Commissioner Julie A. Su. “This new law incentivizes trucking companies to pay up on judgments and put earned wages into drivers’ pockets.”

Since 2011, the Labor Commissioner’s Office has received more than 1,000 port trucking wage claims and issued 448 decisions in favor of the truck drivers with more than $50 million in wages owed. Under SB 1402 (Lara), customers who contract with the listed motor carriers will now share civil legal responsibility and civil liability for the full amount found due for unpaid wages, unreimbursed expenses, damages, penalties and applicable interest owed to a driver.

The Labor Commissioner’s Office gave at least 15 business days’ advance notice to the port trucking companies on the list before its posting. The list will be updated at least once a month, and the Labor Commissioner’s Office will remove companies from the list within 15 days after receiving confirmation of payment of monies owed, or an approved settlement agreement.

The Labor Commissioner’s Office, officially known as the Division of Labor Standards Enforcement, is a division of DIR. Among its wide-ranging enforcement responsibilities, the Labor Commissioner’s Office adjudicates wage claims, inspects workplaces for wage and hour violations, investigates retaliation complaints and educates the public on labor laws.

Employees with work-related questions or complaints may contact DIR’s Call Center in English or Spanish at 844-LABOR-DIR (844-522-6734).

Members of the press may contact Jeanne-Mairie Duval or Erika Monterroza at (510) 286-1161, and are encouraged to subscribe to get email alerts on DIR’s press releases or other departmental updates.

The California Department of Industrial Relations, established in 1927, protects and improves the health, safety, and economic well-being of over 18 million wage earners, and helps their employers comply with state labor laws. DIR is housed within the Labor & Workforce Development Agency. For general inquiries, contact DIR’s Communications Call Center at 844-LABOR-DIR (844-522-6734) for help in locating the appropriate division or program in our department.